RTI: The South Asian experience

By Himal Kotelawala

With the second reading of the Right to Information (RTI) Act expected to be taken up in Parliament next month, a group of senior RTI activists from the South Asian region yesterday shared their experiences in implementing the law in their respective countries with a group of Sri Lankan counterparts and media personnel.

Organised by Transparency International, the panel discussion saw several salient points with regard to the Sri Lankan RTI bill being taken up in an interactive session that included, among others, MPA Chairperson, WPC, Khyber Pakhtunkhwa Assembly, Pakistan, Meraj Hamayun Khan, Former Information Officer and Chairman at Research Initiatives Bangladesh Dr. Shamsul Bari, and Coordinator, Commonwealth Human Rights Initiative Venkatesh Nayak. The trio had previously taken part in a workshop held with 70 Sri Lankan parliamentarians on the topic of RTI.

According to the panellists, the Members of Parliament that took part in this workshop had shown interest and enthusiasm, with the occasional awkward question posed by the odd MP.

“I was shocked by one complaint that one of your honourable ministers had yesterday. He said, ‘clause 9 of [your] RTI bill says three months before the commencement of a development project, I have to go and tell the people affected by it what the project is about. Where am I going to find them? How am I going to identify them? Am I going to implement the project or am I going to tell people about it?’ I’m not criticising. This is a valid question,” said the New Delhi based Nayak.

Only Sri Lanka and Bhutan have no RTI

Sri Lanka and Bhutan are the only countries in South Asia that have yet to implement RTI at a national level, he said, adding that Pakistan, too, has RTI on a provincial level.

In Bangladesh, according to Dr. Bari, a country with a record number of non-governmental organisations operating on its soil, even though civil society was very slow to take ownership of RTI, his organisation with other NGOs were able to use RTI for poverty alleviation.

The marginalised communities in Bangladesh realised that just by sending an RTI application, they could improve their situation, he said.

The 2013 Khyber Pakhtunkhwa RTI Act in Pakistan, according to Khan, established a separate commission having the status of an independent statutory body ensuring autonomy and independence.

“A separate entity clearly dedicated for the spread of information will lead towards the elimination of the culture of secrecy keeping public information confidential. The Commission ensures proactive disclosure of information by the public bodies and making them responsive to the public applications and complaints,” she said.

Interestingly, as per the Khyber RTI Act, no fee is charged for filing a request for information, barring a marginal amount in case the reply is more than 20 pages. In Sri Lanka, however, filing a request is not free (nor in India), but rather follows a distinct fee structure.

Research Director at Verité Research Gehan Gunatilleke told Daily FT that, in Sri Lanka, the RTI Commission is meant to issue guidelines to authorities on a fee schedule based on what is reasonable and can call for disciplinary inquiries if excessive fees are charged.

“It can also issue guidelines on what should be disclosed without fees – so charging a fee is not mandatory. If something can be released free of charge, it has to be. The fee structure is meant to cover administrative costs,” he said.

In India, where the call for RTI rose from the grassroots, has seen great success in its implementation. In Sri Lanka, however, any discourse on the right to obtain publicly held information appears to be limited to activist circles and the media. Responding to a question by the Daily FT in this regard, the panellists said collectively that, in order to take the message of RTI to the masses, they need to be convinced that RTI is an everyday need that they can utilise to improve their lot.

RTI changes the relationship between the state and the people 

“In Bangladesh, we succeeded because we used people research. We would sit with marginalised communities, discuss their problems, and let them know what the law can do to help. That is when they’re willing to apply. Make them understand why it’s a law that they must exercise in order to improve their situation,” said Dr. Bari.

“Many governments say they don’t have money; they have to get into accelerated economic development; RTI can come later. RTI simply says, when you’re doing [development and other governance related activities], tell people what you’re doing. This requires a change in attitude,” said Nayak.

“RTI changes the relationship between the state and the people. The simplest cost effective way to provide access to information to people is to make an announcement. For example, every Saturday, second half of the day, in this department, anyone can walk in and inspect our records free of charge.”

Implementation of RTI in India has focused on one thing: Give access to information to people without waiting for them to ask for that information, he added.

 Nayak reminded the gathering that Sri Lanka already has a fundamental rights guarantee in the constitution: specifically Article 14.

 “You can test the efficacy of that provision by filing information requests yourself. Don’t ask for controversial information. Ask for basic things like scholarships, government schools, wages, etc. See what the response is. The government has a duty to teach RTI to the people. RTI today is not today and adjective or noun. It’s become a verb [in  India. “I will RTI this.” It’s become a buzzword,” he said.