Why do Authorities Fear Right to

2018-05-24

Come June this year it will mark the completion of two years after the Right to
Information Act was passed in Parliament. The act came into force on 3rd of
February last year.
Sri Lanka Cricket (SLC) is also a highly discussed topic at present.
 The total amount paid to all officers and other staff of SLC in the form of
salaries and other emoluments for the year 2016 was RS 392,359,219
 At present the Cabinet Secretariat is flooded with so many requests and it is
heartening to know that Information Officer Jude Nilukshan promptly
attends to requests.
  By now several requests have been made from the National Police
Commission which have gone unheeded

An international seminar on this subject

organized by the Sri Lanka Press Institute is being held these days in Colombo to
coincide with the passing of this piece of legislation. Under the heading ‘Gamata
Nogiya Thorathuru Panatha’ (The Information Act which did not reach the village)
an article appeared in the ‘Truthful Investigation’ Column last year. Up to now
more than 100 request letters have been received where their writers are seeking
information. This week’s article deals with the institutions that provide
information and those who do not wish to do so.

An earlier article under ‘Sathya Gaveshana’ in our sister newspaper Lankadeepa

dealt with a request made to the
Commissioner General of Rehabilitation for a list of former LTTE cadres, who had
been rehabilitated, and how the chief of that institute had questioned over the
telephone the need for such information. It is accepted by many that all
information relating to Security and institutions connected to security are strictly
confidential. But a major part of that information can’t be considered as
confidential. With the passing of the Right to Information Act most of this
information can be released. However, as some officers still believe in archaic
ideologies, they are reluctant to release such information. This is what happened
at the Commissioner General of Rehabilitation’s office. Finally the seekers of
information had to obtain relief from the Commission on Right to Information.
With the passing of the Right to Information Act most of this information can be
released. However, as some officers still believe in archaic ideologies, they are
reluctant to release such information
The commission conducting inquiries into complaints consisted of Chairman
Mahinda Gammanpila and its members: Justice Rohini Walgama, Attorneys
Krishali Pinto Jayawardene, S.G. Punchihewa, Dr Selvi Thiruchandran and Director
General Piyatissa Ranasinghe. The Chief of the Rehabilitation Commissioner
General’s office was represented by its information officer.

When the Commission inquired as to why the information was not revealed, the
information officer replied that as the information was related to National
Security he could not. He said that with regard to this request they had called for
directions from the line ministry and the Ministry of Defense, for which they
hadn’t received a reply. The Commission informed the information officer to
clarify as to how statistics pertaining to the rehabilitated LTTE cadres, which the
writers had requested, can interfere with the National Security. In reply he had
stated that by revealing such information it could affect the personal lives of the
rehabilitated LTTE cadres and therefore he couldn’t agree to the release of such
information. He however failed to present facts in proof of the strategy he used.
Accordingly, the Information Commission giving its ruling said that by asking for
the reasons for requesting information, the Rehabilitation Commissioner
General’s office had contravened with clause number 24 of the Act, and sub
section 5 and clause under (wE). This clause stipulates that those who wish to
seek information with the purpose of connecting with their loved ones in custody
need not submit personal details.

After two days of inquiry the commission directed the Commissioner General of
Rehabilitation to provide all required information through the Commission on
Information.
The experiences of many writers reveal that the Ministry of Education comes
under the spotlight as an institute which doesn’t provide information and that
letters addressed to this Ministry don’t receive responses.

Creating a fear psychosis

There were several reports regarding the queries made requesting information.
As confirmed by the Commissioner on Information the person requesting
information is not obliged to disclose the reasons for his request for information.
In this regard an awareness should be created among the rural people. This is
because the questioning in a similar manner by the officers assigned with the task
of providing information would create a fear psychosis among these individuals.
This could discourage them from seeking information. By this type of action the
responsible officers are preventing the public from seeking vital information.

Sri Lanka Cricket (SLC) is also a highly discussed topic at present. In addition to this
sports body there are many national sports associations which have brought their
financial operations under the spotlight. Many are of the opinion that no
questions can be asked regarding these institutions. SLC believed that it does not
come under the purview of the Right to Information Act. In order to check the
veracity of this position writers sought information about the SLC requesting
information like; the number of personnel at SLC, the names of executive officers,
names of coaches listed under the SLC, the total amount paid as salaries to all the
officers and other staffers of SLC for the year 2016 and the salaries paid to the
listed coaches of the SLC for the Month of August 2017.

When this request was forwarded to SLC, an officer functioning in the capacity of
Legal and Information Officer had stated that the SLC does not come directly
under this Right to Information Act. This officer had therefore requested that the
information that was sought had to be obtained from the Ministry of Sports.

While this remains so the Facebook page of this officer concerned introduces him
as the information officer appointed under the Right to Information Act. Based on
this information and mentioning that SLC too comes under the Right to
Information Act and quoting the relevant legal provisions, an appeal was made to
the officer concerned in the Ministry of Sports. Accordingly the officer appointed,
Additional Secretary Siribaddana, instructed the SLC President in writing to
provide the required information through the information officer serving the
cricket controlling body in the island, as soon as possible.

The information so obtained revealed that the total amount paid to all officers
and other staff of SLC in the form of salaries and other emoluments for the year
2016 was RS 392,359,219. By the end of 2017 there had been 17 coaches serving
SLC. Now the public can request for information not only from SLC, but also from
any national sports body which had not been available hitherto.

The above details refer to two institutions which didn’t respond favourabily when
calls were made to obtain information.
When the Commission inquired as to why the information was not revealed, the
information officer replied that as the information was related to National
Security he could not.
Cabinet Secretariat shows the way

Going by the experiences of scribes, the Cabinet Secretariat has been rated as the
best institution which responds to requests by the public without any hassle. This
is an institute where the Right to Information Act is very favourabily
implemented. At present the Cabinet Secretariat is flooded with so many requests
and it is heartening to know that Information Officer Jude Nilukshan promptly
attends to requests.

Two letters appeared with regard to the Uma

Oya project in the ‘Truthful Investigations’ coverage. At that time a politician in
the opposition charged that in 2004 a Cabinet Paper had been submitted by
Anura Kumara Dissanayake on the Uma Oya project. In order to obtain the
veracity of this statement, a request was made for information regarding this
matter from the Cabinet Secretariat. This newspaper was able to obtain the
relevant Cabinet Paper.

This Cabinet Paper presented, covering a period of 12 years, points out that issues
that may emerge by harnessing the water resources in the dry zone of the South
East, could be resolved only through the Uma Oya Multi Action Development
Project.

Dissanayake, as the then Minister of Agriculture, Livestock resources, Lands and

Irrigation had submitted this Cabinet Paper in January 2005.

Those who show interest in the decisions taken by the present Government or
past Governments, and those who need Cabinet Papers for legal matters could
obtain such information, under the ‘Right to Information Act’.
Accordingly the officer appointed, Additional Secretary Siribaddana, instructed
the SLC President in writing to provide the required information through the
information officer serving the cricket controlling body in the island, as soon as
possible.
The experiences of many writers reveal that the Ministry of Education comes
under the spotlight as an institute which doesn’t provide information and that
letters addressed to this Ministry don’t receive responses. There have been
instances where information seekers have received inadequate replies for the
trouble taken to give repeated reminders to the ministry staffers.

By now several requests have been made from the National Police Commission
which have gone unheeded. During one instance a complaint too had been
lodged regarding the failure to give a reply. The Colombo Municipality and the
Disaster Management center too have failed to respond to requests.

Requests for information from the Ministry of

Environment, Road Development authority, Ministry of Power, Electricity Board,
Central Environment Authority, Forest Conservation Department, Uva Provincial
Council, Commission on Procurements, Human Rights Commission, Public
Services Commission, Department of Prisons, Ministry of Agriculture,
Archaeological Department and Sri Lanka Police have provided favourable
responses. The information gathered thus far is in the process of being included in
articles that would follow soon. Much of the information gathered has been
deemed as unobtainable by many others.

Under the ‘Right to Information Act’ even the nongovernmental organizations are
covered. Despite these organisations being included in the training sessions held
earlier, whenever information is sought they fail to reveal the required
information.

Sri Lanka became the 113th country in the world to have adopted the ‘Right to
Information Act’. According to World Rankings the information Act occupies third
place. However most of our citizens are unaware of this act and of the benefits
they could reap from it.

During an exercise in Kurunegala, carried out with the view of finding out the
injustices caused to villagers due to the expressway, these villagers weren’t in
possession of documents to prove the type of injustice caused to them. When
asked why they have not requested for such documents under the ‘Right to
Information Act’ they seemed to be completely unaware of such provisions. They
had later obtained the necessary documents from a source. According to the
Information Commission the least number of requests for information had been
received from Western and Uva Provincial Councils.

As a result of the predicaments experienced by the public, the Information

Commission now stays in touch with the relevant ministries to include the Right
to Information as a subject of study in schools and Universities. The necessary
subject matter is in the process of being included and this process is led by
Commissioner General of Information Piyatissa Ranasinghe and Attorney Jagath
Liyanarachchi.
Going by the experiences of scribes, the Cabinet Secretariat has been rated as
the best institution which responds to requests by the public without any
hassle.
However it’s apparent that many people aren’t showing any keenness regarding
the implications of the Act and its uses. Given such a situation the Government
and Non-governmental institutions should act with responsibility in creating
awareness among the public on the importance and the usefulness of this Act.
Posted by Thavam