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| Sunday, 1 February 2004 |
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The right to know and access to information by N.M. Ameen Excerpts of a paper presented at the South Asia Free Media Association (SAFMA) meeting in Islamabad, Pakistan in early January 2004. Throughout history, extending over 2500 years Sri Lanka has had a remarkable history of freedom of speech along with the right of the masses to access information essential to them. This regular uninterrupted access to information in Sri Lanka's history suffered a set back and interruption only during the reign of certain tyrants who terrorised the people and prevented them from exercising their right to speak and worship as they wished. The sovereignty of Sri Lanka was under threat at various stages in the Island's history. Initially, invaders from India attempted, from time to time, to bring the country under their rule. Later on invaders from the West began their inroads into the integrity of Sri Lanka. These aggressions started in 1505 with the arrival of the Portuguese. They were succeeded by the Dutch and the British. Finally Sri lanka went totally under the imperial British rule in March 1815. Sri Lanka became a colony of the British empire. The British rule continued until 4th February, 1948. Under the British rule the legislation was quite clearly formulated, giving expression to the point of view of rulers, in order to limit the exercising of freedom of expression either through the media or at public level. Once independence was attained again the indigenous leaders felt the need to re-order their governance in keeping with the needs of the people. As a consequence, in the first constitution made exclusively by the jurists of Sri Lanka in 1972 the drafters did not feel the necessity to fashion certain provisions in the constitution on the Westminster model. Thereby it became possible to relax those regulations that restricted freedom of information and access to information. With the passage of time the constitution of 1972 seemed inadequate to accommodate the growing sense of freedom of the masses of the country who had, by now, become increasingly exposed to the liberal views making their way in various parts of the world. This led in turn to the promulgation of the constitution of 1978. Its provisions recognised the need to provide greater freedom of information and more liberal information. In the constitution of 1978 is a substantial contribution towards the expression of legal opinion relating to the reform of the constitution in order to make the constitution more meaningful in terms of freedom of expression and access of information. This 1978 constitution making exercise is very much in contrast to what took place way back in 1948, when Mr. D.S. Senanayake and his supporters acquired independence for Sri Lanka. In the constitutional arrangements at that time the influence of the British constitutional expert Sir Ivor Jennings was quite evident. Mr. D.S. Senanayake depended so much on Sir Ivor Jennings expertise in the field of constitutions that the Professor came to be described as Mr. D.S. Senanayake's brain box. But in 1978 the wisdom that went into make in the constitution was almost entirely indigenous. Its drafters were inspired though by the constitution of United State of America and by the constitution of the Republic of France. The 1978 constitution was widely scrutinised in the subsequent years. In 1996 a committee to advice on the reforms and laws affecting media freedom and freedom of expression appointed by the late minister of Information Mr. Dharmasiri Senanayake of the then PA government, this committee spelt out several substantial notions relating to these vital matters. In 1998 the Colombo Declaration on media freedom and social responsibility was issued jointly by the Free Media Movement, the Editors Guild of Sri Lanka and the Newspaper Publishers Society of Sri Lanka as a reiteration of their commitment to further co-operation and unity in an effort to promote the freedom of expression and media freedom. Most of the proposals made by the 1996 committee to advice on the reforms of laws affecting media freedom and freedom of expression have been included in the Colombo Declaration. Due deference was given to the public views expressed regarding the manner in which the laws affecting freedom of expression and access to information should be reformed. The government that came into power in December 2001 introduced a series of Bills to promulgate legislation to ensure freedom of information. The proposed bill consisted of several noteworthy regulations. This landmark Bill was approved by the Cabinet ministers of Sri Lanka on 17th December 2003. This Bill provides public access to official information a long-standing demand of media groups in Sri Lanka. In his Cabinet paper on the freedom of information Bill Justice and Law Reform Minister W.J.M. Lokubandara stated that the transparency and accountability in governance are principles to which the government is committed. An important feature of the proposed legislation is to promote good governance and encourage the participation of citizens in the democratic process. The Bill was the culmination of a long-standing demand of media groups in Sri Lanka. It turned out to be one of the main features of the 1998 Colombo Declaration of Press Freedom and Social Responsibility. The other notable elements of the Declaration were the right of any citizen to access information in the custody and control of public authorities and the appointment of information officers in each public authority and the establishment of freedom of information commission to hear appeal on information that is denied. The symposium of Media Freedom and Social Responsibility that preceded the Colombo Declaration, for the first time in the history of the Commonwealth, provided a platform for the media personnel from all ranks to meet in a single forum to discuss issues of media freedom and a common platform of reform. A high-powered team headed by Prime Minister Ranil Wickremesinghe was responsible for the drafting of this landmark Bill together with the representatives of the media. The Bill due to be proposed in Parliament this year is expected to receive the unanimous approval of all members of the legislature. The Bill has also received the blessings of President Chandrika Bandaranaike Kumaratunga, already. This Bill when it becomes law is sure to herald a new era in the sphere of access to information to Sri Lanka. As the New Year dawns more progressive legislation is being proposed to ensure freedom of expression and free access to information. This proposed legislation will totally do away with the element of secrecy attached to areas of information previously subject to restrictions. This new legislation proposes following: The right of any Citizen to access Official information in the custody and control of public authorities, The circumstances and the types of information to which access shall be denied, The appointment of information Officers in each public authority and the establishment of a freedom of information commission to hear appeals on information that is denied. Final appeal to the Supreme Court Deliberate non-compliance with the low to be punishable with a fine The duty by public authorities to publicise to high value foreign funded and locally funded project, and To exempt whistle blowers who divulge public information with in the low from punishment. In the New Year the field of information and freedom of expression will receive progressive initiative. Already a non-governmental, non-partisan body of responsible people is mooted as the mechanism to ensure that freedom of expression and access to vital information are ensured without any hindrance. |
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