A Critical Overview of the Implementation of Right to Information in Sri Lanka

Abstract

The Right to Information (RTI) is integral to the concept of democracy today, as it embodies key democratic principles including good governance, transparency, and accountability of public authorities. In Sri Lanka, the Right to Information Act No. 12 of 2016, introduced through the 19th Amendment to the Constitution in 2015, stands as a significant initiative within the country's legal framework. Despite being ranked as the world's 4th best mechanism, the practical implementation of Sri Lanka's RTI regime faces several shortcomings even nearly after a decade. Hence, the objective of this research is to critically evaluate the practical application of the Black Letter Law related to the right to information in Sri Lanka. This literature-based qualitative research is a comparative study of jurisdictions. Right to information laws, conventions, legislation, case law, and scholarly publications were used to analyse and identify gaps and propose recommendations based on global best practices to create a robust implementation mechanism for RTI. The study reveals that language barriers, rejection of information on unreasonable grounds, lack of knowledge and awareness, exclusion of NGOs and private organizations from RTI coverage, inadequate media intervention, and misuse of legal provisions are key barriers for coherently executing the right to information in Sri Lanka. Adhering to the principle of maximum disclosure, establishing strong oversight mechanisms, implementing effective records management, fostering supportive political and civil society cultures, and providing training for information officers are recommendations for building a robust RTI mechanism in Sri Lanka. Sri Lanka can also gain insights from India to follow innovative approaches for public awareness at grassroots levels. Thus, it can be concluded that despite a strong legal framework, overcoming implementation barriers requires coordinated efforts and close monitoring.