Public right to information vital for transparency: CJ
Sunday November 15, 2009
Chief Justice Asoka Silva said it was the right of the public to have
information with regard to decisions, actions and policy of public
authorities and this was vital to ensure the transparency and
accountability of all authorities.
The Chief Justice made these comments at the launch of the "Justice"
magazine at the Ministry of Justice and Law Reforms on Tuesday.
Excerpts of his speech.
"It is pertinent to note the right the public has to have information
with regard to decisions, actions and policy of public authorities.
This is vital to ensure the transparency and accountability of all
authorities. Transparency and openness in public decision-making will
minimize the opportunity of other allegations such as bribery and
corruption. Civil society and media organizations have laboured for
several years for the enactment of the Freedom of Information Act.
From right: Speaker W.J.M Lokubandara, CJ Asoka Silva, Minister of
Justice and Law Reform Milinda Moragoda and Attorney General Mohan
Peiris at the launch of the "Justice" magazine.
"In 2001 the Law Commission put forward a proposal for the enactment
of freedom of information law. In 2003 Cabinet approved the draft. Yet
the law was never passed by the Parliament. In 2005 once again the Law
Commission began work on a different draft bill, it is still in limbo.
"According to that draft, of course people were entitled to the right
of access to official information which is in possession, custody, and
control of public authorities. This is the main principle on which the
law is drafted.
"According to this draft there is an obligation on the part of the
Ministry to ensure that official information is freely and readily
available. The law also directed that the Minister should publish a
document or a report giving all information relating to his or her
subject. Additionally the Minister had a duty to inform the public of
any new projects that are to be undertaken by his Ministry. These
provisions are really an attempt to give official information to the
public.
"The draft also envisaged a system of appointing Information Officers
to each Ministry. It also contemplates an institution called Freedom
of Information Commission for purpose of appeal of the public in case
these requests are turned down."These were progressive steps
contemplated by the new legislation. Unless citizens are vigilant and
avail themselves of the right to access official information the law
will have little impact (subject to official secrets of course).
"In the Galle Face Case the Supreme Court interpreted the
Constitutional right of free speech, expression and publication to
include the right to information. "Although there is no explicit right
to information in the Constitution, Article 14 was given an expanded
interpretation.
"In the absence of any compelling law to adhere to, the action taken
by the Minister in reserving the magazine and giving at least limited
information about the Ministry and it's policy matters is laudable.
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