Island.lk:
Parliament defeating the Bill to give us the right to obtain information amounts to a letting down of the citizens who elected them to safeguard our interests is indeed shameful. What are they seeking to hide? This is akin to pleading guilty to the charge that this country is ‘corruption infested’ and that there is much to hide.
We the people expected all political parties to close ranks and vote for this bill in the light of the accusations of corruption that is spreading across the country with a corrosive effect and damaging our image. Considering the huge international campaign to damage the image of our country, this would have been one credible answer to our critics, that ours is a transparent democracy which should receive their respect. It has been said that the right to information could jeopardize national security. In every country where this right exits in law, issues of national security are excluded. The Act that was tabled could also have excluded it, but our right to information on all other issues MUST be enthroned.
Whether we like it or not we are living today in a country where government (politicians and the bureaucracy) have increasingly encroached on our daily lives. We the citizens should have a legal right to know what the government is said to be doing on our behalf. We must therefore have a Right to Information Act in our statute book. We need a non-partisan approach to this issue. We were happy when Mr. Karu Jayasuriya tabled a Private Members Motion in Parliament which was expected to act as the citizen’s watchdog, but Parliament has failed us miserably by defeating the Bill.
In this ‘information age’, when a communication culture has taken over and new ideas, new concepts and new movements are changing our world almost daily, There is today a massive and unimaginable flow of information. In this information culture ‘knowledge’is power and the sharing of information has become instant and is necessary for our wellbeing. In recent week we have seen how the sharing of knowledge and instant communication has brought down powerful dictatorships in the Middle East and North Africa.
An important lesson for us all from these episodes is that the era of dictatorships and the concentration of power in the Executive is ending; the world is more mature and enlightened, people are aware of their fundamental right to be ruled with consent and transparently; the people have begun to assert their rights and are demanding power sharing relationships with governments in the name of democracy. Yes, in recent weeks we have seen the youth of the Middle East exhibit unbelievable passion and commitment to a cause.
We ourselves saw an exhibition of such passion and commitment of our youth in 1971 and 1989/90. They were committed even to giving their lives to fight what they perceived was unjust government. Then, we had our own ‘Thirty Year War,’ sadly in this instance between our own people. Most disturbing to my mind is another fact, namely that the combined memory of our people gets shut off with the disappearance of the problem. Yes we are said to have notoriously short memories. This is most unfortunate and not in our national interest.
We need to address these very issues that were the cause of our problems, We need to do this to head off a catastrophe that could overtake us because of a feeling of marginalization by certain sectors of our population and the expectations of minorities not being met; because of rising unemployment and severe hardships being faced by the poorer sections of society. There is a feeling among certain sections of our people that those in power have been having a great time at the expense of the people. This is why we need to have transparency in government. Parliament which has the responsibility of acting as the watchdog of the people has failed us miserably. Power must be shared not concentrated.
The principal weapon to curb corruption in democratic societies is the Right to Information. There is indeed some confusion with regard to this matter of Freedom of Information. It has been stated that in a recent case, the Supreme Court, ‘read’ the right to information into article 10 of the Constitution which states that every person is entitled to freedom of thought and conscience and Article 14 (1) a, which states that “Every citizen is entitled to the freedom of speech and expression including publication”. I, a mere citizen, cannot for the life of me, understand how one can “read into this article” that the citizen has a right to information. I do wish some knowledgeable person would explain to us, the uninitiated, how such a construction came to be placed on this article.
There has been no clarification anywhere as to how a citizen could seek information on any matter he or she is interested in. Yes, as to whether a citizen could, of right, demand information on an unclassified matter of public interest, remains to be seen. There is no doubt that information is available in the form of Administrative Reports and there have been instances where the public has been requested to come forward and submit their views at Parliamentary Committee hearings and give evidence at Commissions of Inquiry but this is not the same thing as a legal right of the public to demand information, for instance relating to the assets of any public personality, or the amounts spent on public projects. This is what we mean by the Right to Information. Any Freedom of Information law must of course be accompanied by a Witness Protection Law for we must accept the fact that the Rule of Law is observed in the breach today in our country.
Openness in government or transparency is not something which our politicians and bureaucrats wish to see given legal effect to. They prefer a culture of secrecy. Kath Nobel has stated that there are 70 countries today which have legislated, giving their citizens the right to information and this includes India. This right has made for better and more accountable governance and has also curbed corruption, so what could be an acceptable reason for our country too not joining this democratic club?
It is of course not a mere matter of passing the law but the people must be able to see it being implemented on the ground. In the first instance the people and political leaders should take the initiative to mobilize support across party lines to have the Bill reintroduced. I have no doubt that the JVP would support the measure and could mobilize their supporters to make them heard. The Buddhist clergy in particular, not only because of their numbers across the country, but also because they should read into the first precept the positive obligation to ensure that politicians in particular do not take what does not belong to them and rob the state.
This obligation or vow must certainly extend to ensuring that there is no corruption in any form. The JHU has also an important role as their principles accord with this initiative. The clergy of other religions should also support this worthy cause. All social organizations such as the Rotary Clubs, the Lions Clubs, NGOs and also Trade Unions should also climb on board the campaign to acquire for the people of this country this most important of rights, the Right to Information. Last but not least the media should play a major role, for it is they who would benefit the most in the short term. The president could score heavily if only he supports this venture to clean up our society.
Besides the Right to Information there are two other initiatives which deserve similar public support, they are the Equal Opportunities Bill to reach out to the minorities and the Administration of Justice Law which favours the litigant and also cut out the costly delays there is in administering justice. Could not Civil Society take up these causes also and ensure a better Lanka for the generations to come?
The time to act is NOW, for we must exercise our sovereignty. “Appamaado amathapadam’ said the Buddha – Yes we must never postpone we must act in the present. Let us therefore make our politicians and the political parties promise us that they would empower us by giving us the Right to Information and also pass the other laws mentioned above and the Electoral Reform Act which would make democracy meaningful and enable us to also participate in the governance of our country in a meaningful way.
Deeply concerned citizen