RTI


I was pleased to that the journalist had chosen to report on how we obtained the data on the massive amounts of money lying fallow in government accounts. More researchers should consider using RTI requests to obtain data. “The money has been collected, and it’s in the Treasury not being spent,” LIRNEasia Chairman Professor Rohan Samarajiva said at the 2nd Sri Lanka Broadband Forum organized by the Telecommunication and Digital Infrastructure Ministry and Huawei. According to Telecommunications Regulatory Commission data he obtained through a Right to Information request, the government had collected US$351 million by the end of 2015. Sri Lanka’s Universal Service Fund is less burdensome on telecom companies—compared to other countries where a fee is levied from annual revenue—since just US$ 0.
Two ongoing projects at LIRNEasia seek to open up government data. The first is the inclusive information societies project. The second seeks to present electoral delimitation data to stakeholders in manipulable form to facilitate informed discussion. Human Capital Research Team Leader Sujata Gamage presents the big picture in a column in FT: Open data or more specifically Open Government Data (OGD) is a concept which is complementary to the Right to Information (RTI) concept. While RTI is reactive, legalistic, adversarial and costly, OGD is proactive, technical, collaborative and less costly in the long term.
Last week Parliament adopted the Right to Information Law without division. I have been engaged with RTI in Sri Lanka since 2007, when I chaired a Pathfinder Sanvada discussion. We went deep into the subject in 2011 when we proposed to implement RTI for the City of Colombo. RTI was a key element in the manifesto of the Common Candidate in the January 2015 Presidential Election. There was considerable consultation over the drafts since early 2015.
Few days back, I was part of a panel discussing the Sri Lanka RTI Bill that has gone through Constitutional Review. This was on Rupavahini, the government-owned channel. The Deputy Minister in charge of shepherding the bill through Parliament and a lawyer who had intervened in the Constitutional Review were the other members. The first time I engaged with the topic was in 2007. Then I went into high gear in 2011.
The most current draft of the the Sri Lanka Freedom of Information bill that is about to be presented to Cabinet has removed Parliament and Cabinet from its purview. They were included in the definition of “public authorities” who were bound to respond to information requests by citizens in the previous draft (at that time the Law was called the Right to Information Act). This appears to miss the essence of RTI, as I point out in a guest column in the Daily Mirror today: Freedom of Information (also known as Right to Information or RTI) laws are based on Principal-Agent theory. The public (the Principal) has delegated the task of running the country to the state, comprising officials as well as political authorities (the Agents). But the public (the Principal) cannot adequately monitor the Agents because of a radical information asymmetry.
A few days back, I included the following in a guest column for the Financial Times: Most of the 192 words specifying the Right to Information (RTI) as a fundamental right are superfluous. There is an entire bill in third draft that probably includes the very same language (if it does not, the Constitutional language will override it). All that is needed in the Constitution is one sentence “Subject to law, every person shall have a right of access to official information which is in the possession, custody or control of a public authority.” This was in the context of larger lament on the state of legislative drafting in Sri Lanka. What belongs in subsidiary legislation gets dumped into legislation.