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The International Monetary Fund’s Governance Diagnostic Assessment (GDA) on Sri Lanka has proposed a “Transparency portal” at the Finance Ministry to be monitored by the Right to Information Commission.
The recommendation, ideally in place from March next year, should publish all procurement contracts above Rs. 1 billion along with comprehensive information in a searchable format on contract award winners.
The GDA also mandates the publication of a list of all firms receiving tax exemptions through the Board of Investment (BOI) and the Strategic Development Projects (SDP) initiative, an estimation of the value of the tax exemptions as well as a list of firms receiving tax exemptions on luxury vehicle imports.
The information proactively disclosed is recommended to be updated every six months.
The GDA also recommends that the Government shouldn’t enact future laws that will limit the reach of the RTI Commission and that relevant policies and rules concerning new anti-corruption, anti-terrorism and privacy legislation should reflect this.
The GDA acknowledges that Sri Lanka has taken important steps in establishing the right to information and creating an institutional framework for protecting those rights. The Right to Information Commission (‘RTIC’) was created by the Right to Information Act, No. 12 of 2016 (‘RTI Act’), to hear complaints of non-compliance by public authorities of their disclosure obligations, and to recommend disciplinary actions against offending officials. It also has the power to prosecute those who commit offences defined in the RTI Act.
Given this mandate, it plays an important role in championing the right to information and fostering an (embryonic) culture of transparency among public authorities. It builds upon the information infrastructure established by the Ministry of Media and works closely with the Ministry on outreach. Experience to date has demonstrated the Commission’s ability to require Government agencies to disclose a wide variety of information requested by individuals. Recently, it was involved in a landmark case adjudicated by the Court of Appeal which upheld a directive by the Commission to the Sri Lanka Parliament to release information on MPs who have submitted their Declarations of Assets. The Court agreed with the Commission on all points and upheld that the RTI Act of Sri Lanka supersedes the 1970s Declarations of Assets and Liabilities Act of Sri Lanka.
The work of the RTIC is particularly consequential for anticorruption efforts since many of the requests for intervention come from groups that are traditionally most exposed to corruption and the abuse of public power, including women and minority groups. The extent to which the RTI is relied upon as an effective means of seeking redress demonstrates the effectiveness of its outreach and the value associated with the information obtained based on its interventions.
GDA said that enhancing and enlarging the ability of the RTIC to fulfil its mandate is vital for inclusive governance. However, a number of recent proposed bills have the potential to constrain the ambit of the Commission, excluding “sensitive” matters from the Commission’s jurisdiction. Great care needs to be taken that the Commission’s reach is not limited by future legislation. These concerns are particularly acute around antiterrorism and privacy legislation but have also been raised around certain provisions in the Anticorruption Law. It will be important to establish policies and rules that properly balance the protection of vital information rights with the state’s equally justifiable interest in protecting its security, the privacy of individuals, and the confidentiality of its investigations. If not, there is a significant risk that this outstanding example of transparency is stripped of its effectiveness, GDA noted.
The pressing need to expand the amount of information that is proactively disclosed and regularly provided by the public sector has also been stressed. The RTI Act contains useful principles for the provision of public information, but implementation of these principles remains uneven. This chapter has already included a number of recommendations that CIABOC and others can adopt to increase information flows, including in areas like asset declaration. In addition to agency-specific efforts, a Government-wide effort will be needed to create and maintain a Transparency Portal with reliable and updated information essential for holding the Government accountable for performance. The Ministry of Media also has a vital role to play in supporting more proactive and consistent disclosure of information.
