Controversy over OMP Bill being inconsistent with RTI Act
(By Courtesy iof The Island)
By Shamindra Ferdinando
Transparency International (Sri Lanka Chapter) representative Shan Wijetunga yesterday said that it would be the responsibility of the Attorney General to prevent a Bill being presented in parliament contrary to any other Bill/Act.
Addressing a seminar at the Government Information Department, Wijetunga emphasised that the government couldn’t absolve itself of responsibility for presenting a Bill inconsistent with the Constitution.
Civil society organisations including the TISL played a significant role in paving the way for a consensus among political parties represented in Parliament regarding the Right to Information (RTI) Bill/Act.
The TISL spokesperson was responding to a query by The Island whether the draft legislation to establish Office of Missing Persons (OMP) clashed with the RTI Bill/Act. Wijetunga claimed he hadn’t seen the OMP Bill.
President’s Counsel Manohara de Silva recently alleged that the OMP Bill was inconsistent with the RTI Bill/Act. The President’s Counsel maintained that OMP Bill gazetted and presented to parliament at the behest of Western powers, on May 22 and May 27, 2016, respectively had been given special status. The President’s Counsel asserted that the special status was due to the OMP Bill being one of the four accountability mechanisms to be established in accordance with Geneva resolution 30/1.
The Parliament accepted RTI Bill on June 24, 2016.
Media Minister Gayantha Karunatilleke, Deputy Media Minister Karunaratne Paranavithana and DG Information Department, Dr Ranga Kalansooriya addressed the gathering at the onset of the seminar.
RTI activist Nalaka Gunawardena emphasized that in accordance with the 19 Amendment to the Constitution adapted in April last year, right to information was a fundamental right.
Wijetunga said that Speaker Karu Jayasuriya would soon make RTI operative. According to Wijetunga, a minor matter regarding a particular clause had to be resolved before Speaker Jayasuriya endorsed it.
All speakers stressed that the RTI was really meant for the public though the media could certainly exploit the new law to pursue inquiries into waste, corruption and irregularities.
Wijetunga said that information obtained through RTI process could be used as evidence in any court of law.
Minister Karunatilleke said that RTI Act would certainly compel all politicians irrespective of their status to follow transparent procedures as regards transactions involving public funds. The Galle District MP said that the Lankan RTI Bill had been categorised as the seventh best such law in the world. Minister Karunatilleke said that in this part of the world, Sri Lanka’s RTI was second only to that of India.
Former science journalist Gunawardena strongly countered accusations that the RTI was a Western concept propagated at the expense of Asian values. Gunawardena said that Emperor Asoka had been the first to propagate the idea in third century before Christ.
Having briefly explained various countries accommodating RTI into their domestic laws beginning with Sweden in 1766, Gunawardena urged the local media to educate the public on their rights and privileges. He mentioned the relentless efforts made by RTI activists in India and Bangladesh to convince the public to use the law for their benefit.
Gunawardena said corrupt political elements in India had tried to undermine the law. Their efforts had been thwarted by RTI activists and media, Gunawardena said, urging the local media to follow the Indian example.
He said Sri Lanka could be placed among the ten best countries in accordance with Global Right to Information Rating.
According to the Canadian institution responsible for the categorization, the top group comprises Serbia, Slovenia, India, Croatia, Liberia, El Salvador, Sierra Leone, South Sudan, Mexico and the Maldives.
According to www.rti-ratings.org among the ten countries at the bottom of the list included three EU countries, Germany, Italy and Austria.
The UK and Russia are ranked 30th and 31 positions followed by Canada (44), US (51), Australia (52), Norway (60), Switzerland (62), France (89).
The Right to Information Rating is a programme founded by Access Info Europe (AIE) and the Centre for Law and Democracy (CLD)
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