The BAR Association of Sri Lanka (BASL) has called on the government to appoint the remaining member of the Right to Information Commission, without further delay.

In a letter addressed to the National Constitutional Council, the BASL says the former Chairman of the Right to Information Commission retired in March this year, following which the position remains vacant to date.

The BASL points out that the office of chairperson is integral to the effective functioning of the said commission and the fulfilment of its mandate under the Right to Information Act. 

The absence of a chairperson hampers the commission’s ability to operate efficiently and discharge its duties as provided by the Right to Information Commission, the BASL further said.

As such, urging the Constitutional Council to take serious note of the matter, the BASL urged it to nominate the remaining member to fully constitute the Right to Information Commission. (Newswire)

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The Constitutional Council has called for applications for the appointment of a Member to the Right to Information Commission (RTI) under the provisions of the Right to Information Act, No. 12 of 2016.

According to a Parliament statement, applications have been called from suitable individuals to be recommended for appointment as a member of the Right to Information Commission to fill the vacancy that has arisen in respect of the post of Member of the Right to Information Commission.

The applications should be prepared in accordance with the information form which is available on the Parliamentary website www.parliament.lk with a quick link named ‘Appointment of a member to the Right to Information Commission’.

The duly completed applications should be sent to; the Secretary-General to the Constitutional Council, Constitutional Council – Office, Parliament of Sri Lanka, Sri Jayewardenepura Kotte on or before 01 April 2025 by registered post or by e-mail to constitutionalcouncil@parliament.lk

‘Appointment of a member to the Right to Information Commission’ should be indicated on the top left corner of the envelope or as the subject of the e-mail. (Newswire)

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Transparency International Sri Lanka (TISL) has welcomed the landmark determination of the Court of Appeal this week that affirms the order of the Right to Information Commission to disclose the requested information on the Declarations of Assets and Liabilities of Members of Parliament in Sri Lanka.  

Issuing a statement, TISL pointed out that in February 2021, the Right to Information (RTI) Commission in the matter of Chamara Sampath vs Parliament of Sri Lanka ordered that the Parliament should release immediately the list of Members of Parliament who have submitted their respective Declarations of Assets and Liabilities from 2010 to 2018. 

The Commission declared that the information requested is of high public importance and public interest given the need for accountability and transparency of elected representatives. It was also observed that the submission of Declarations of Assets and Liabilities by parliamentarians to the Speaker of the Parliament is a legal duty specially secured by the Declarations of Assets and Liabilities Law of 1975 (DALL), and as such, this information request relates to the carrying out of a legal duty by elected representatives, which must be released. 

The Parliament of Sri Lanka appealed against this decision of the RTI Commission to the Court of Appeal on 15 grounds, including the fact that the DALL should prevail over the Right to Information Act no. 12 of 2016 (RTI Act). The Court of Appeal has on the 28th of February 2023 determined that the order of the RTI Commission is affirmed. 

TISL further said in its statement,  that in a significant finding, the Court of Appeal has unequivocally held that the provisions of the RTI Act override the provisions of the Declaration of Assets and Liabilities law. The court decision further highlights that the purpose of enacting the asset declaration law and the RTI Act is similar in their purpose of combating corruption.

The RTI Act gives effect to the right of access to information enshrined in Article 14A of the Constitution of Sri Lanka in order to enable Sri Lankan citizens to “more fully participate in public life through combating corruption and promoting accountability and good governance”. The DALL also aims at “combating corruption in public life by compelling the persons to whom the Law shall apply to declare their assets and liabilities periodically”. It is emphasized here that the “Members of Parliament are persons who are elected by the people and maintained by the people. They are expected to abide by the laws of the country at all times and provide examples for others to follow…It is therefore important for the public to know whether the relevant authorities have acted as required by law or not. The only way to obtain that information would be by seeking the list of the names of the Members of Parliament who have provided their declarations under the RTI Act.” The decision further underscores that the RTI Act requires the public authority to consider the weight of “public interest” of the requested information, prior to denying access to certain information.  

TISL added that as Sri Lanka celebrates six years since its RTI Act was operationalized, it welcomes this decision of the Court of Appeal as the first of its kind in Sri Lanka which sets a significant precedent in terms of information disclosure in the public interest and the transparency in declarations of assets and liabilities of public representatives to combat corruption in Sri Lanka. (NewsWire)

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