The Troubling Lack of Compliance by Public Authorities With RTI Act

Abstract

Today (28 September) marks the international day for universal access to information. This year’s theme is ‘the importance of the online space for access to information'. Public access to information is an essential element of a functioning democracy. It can promote public accountability for government decisions and thereby, also combat corruption. This idea is echoed in the preamble to the Right to Information Act, No. 12 of 2016 (RTI Act), which emphasises the need for transparency and accountability of government in order to enable the people of Sri Lanka to fully participate in public life, combat corruption and promote good governance. The RTI Act enables the public to access information: (a) by the public requesting information from public authorities and (b) through public authorities providing certain types of information to the public, i.e. proactive disclosure. Article 14A of the Sri Lankan Constitution also guarantees the right of access to information. Sri Lanka’s problem is not that it does not have a law in place, but that despite the legal obligation that exists for public authorities to disclose information, there is a lack of compliance with the law.