Proactive Disclosure (LK0023)
Overview
At-a-Glance
Action Plan: Sri Lanka National Action Plan 2016-2018
Action Plan Cycle: 2016
Status: Inactive
Institutions
Lead Institution: Ministry of Parliamentary Reforms and Mass Media
Support Institution(s): Presidential Secretariat, Ministry of Public Administration and Management, Right to Information Commission, Sri Lanka Judges’ Institute and state media; Thematic-related CSOs (e.g- Health, Corruption, Education, Empowerment of Women, etc)
Policy Areas
Legislation & Regulation, Public Service Delivery, Records Management, Right to InformationIRM Review
IRM Report: Sri Lanka End-of-Term Report 2016-2018, Sri Lanka Mid-Term Report 2016-2018
Starred: No
Early Results: Did Not Change
Design i
Verifiable: Yes
Relevant to OGP Values: Access to Information
Implementation i
Description
Commitment 1: The enactment and implementation of the RTI Act
The legal recognition of the citizens’ Right to Information and an effective mechanism whereby they are able and empowered to access such information is essential to create a culture of transparency and accountability in governance, and to encourage civic participation therein. It also serves as a tool for the systematic elimination of corruption. It balances the power of the people against the concentration of power in public authorities. The components of a democracy - such as representation, accountability, and participatory decision-making – are facilitated by the introduction of a dynamic RTI framework.
Timeline: August 2016- June 2018
Commitment 1: The enactment and implementation of the RTI Act
Lead Agency Ministry of Parliamentary Reforms and Mass Media
Other Actors Government Presidential Secretariat, Ministry of Public Administration and Management, Right to Information Commission, Sri Lanka Judges’ Institute and state media
Civil Society, Private Sector Thematic-related CSOs (e.g- Health, Corruption, Education, Empowerment of Women, etc)
Issues to be Addressed Resources need to be allocated and the State has to roll out the entire RTI infrastructure.
Systems (including ICT) have to be developed for record management, reporting, proactive disclosure and responding to requests.
Public Authorities and their respective officials have to be trained and sensitized to the principles and processes of RTI.
This includes ensuring the autonomy of appointed Information and Designated Officers.
There is an ongoing need for the government to engage in public awareness campaigns to ensure that citizens are equipped to utilize the established RTI mechanism.
Systems (including ICT) have to be developed for record management, reporting, proactive disclosure and responding to requests.
Public Authorities and their respective officials have to be trained and sensitized to the principles and processes of RTI.
This includes ensuring the autonomy of appointed Information and Designated Officers.
There is an ongoing need for the government to engage in public awareness campaigns to ensure that citizens are equipped to utilise the established RTI mechanism.
Main Objective To strengthen anti-corruption framework and facilitate tri partite; public, private, civil society oversight and ownership of anti-corruption effort.
OGP Challenge Improve public service deliveries, economical and effective management of state resources, constructive civic engagement in public decision making mechanisms and increase public integrity
OGP Principles Transparency Accountability Public Participation
1. Proactive Disclosure
a) Each Ministry and public authority to proactively disclose and update in a manner accessible to the public, an annual inventory of documents to be publicly available, and the information required to be reported to the RTI Commission under Section 8(2) and Section 10 of the RTI Act.
New February 2017 June 2018
b) Each Ministry and public authority to publish and update information made public as per Milestone 5(a) on their respective website.
New February 2017 June 2018
IRM End of Term Status Summary
23. Proactive Disclosure
Commitment Text:
Proactive Disclosure
[…]
Main Objective:
Ensure proactive disclosure of updated information outlined under the Right to Information (RTI) Act, and thereby, improve public access to information.
Milestones:
- 1 Each Ministry and public authority to proactively disclose and update in a manner accessible to the public, an annual inventory of documents to be publicly available, and the information required to be reported to the RTI Commission under Section 8(2) and Section 10 of the RTI Act.
- 2. Each Ministry and public authority to publish and update information made public as per (above) on their respective website.
Responsible institution: Ministry of Finance and Mass Media
Supporting institutions: Right to Information Commission; Transparency International
Start date: February 2017 End date: June 2018
Editorial Note: The text of the commitment was abridged for formatting reasons. For full text of the commitment, see the Sri Lanka National Action Plan 2016–2018 at http://bit.ly/2wv3jXR. [332]
Commitment Aim:
This commitment aimed to ensure that public authorities proactively disclosed and published specific public information, outlined under the Right to Information Act. [333] The timely and effective disclosure of such data and policy documents would ensure that the public had access to key information needed to participate meaningfully in policy and decision making. Proactive disclosure of such information would subvert the need for citizens to submit requests such information.
Status
Midterm: Limited
The commitment to proactively disclose and update an annual inventory of documents achieved limited completion by the midterm (Milestone 23.1).
The Ministry of Finance and Mass Media noted that the government issued a gazette notification [334] detailing a list of information to be proactively disclosed. [335] A circular issued by the ministry referenced this list [336] and requested all public authorities to adhere to provisions in the Right to Information (RTI) Act pertaining to proactive disclosure. Transparency International Sri Lanka (TISL) suggested that the annual reports from each public authority would include a lot of this information. [337]
Further, according to a representative from the Ministry of Mass Media, very few public authorities had disclosed key information proactively on their websites (Milestone 23.2). [338] This was confirmed by the director general of the RTI Commission and TISL. [339]
End of term: Limited
Implementation of this commitment continued to be limited at the end of term. According to the RTI Commission, there was no significant progress on this commitment. [340]
Milestones 23.1–23.2: While rules under section 8, 9, and 10 had been published, the RTI Commission noted that separate guidance had to be given to all public authorities as to what should be proactively disclosed. [341] The circular issued by the ministry attempted to provide such guidance, [342] but few public authorities, if any, proactively disclosed such information. [343]
Further in this context, TISL suggested that certain public authorities do make ad-hoc information available, including on their websites, but this was not done in a formal or systematic manner. [344]
Did It Open Government?
Access to Information: Did Not Change
The commitment did not contribute to a tangible improvement in access to information and, thus, did not lead to a change in open government.
Carried Forward?
Sri Lanka’s second action plan was not released by the time of this report.
In the 2016–2017 IRM midterm progress report, the IRM researcher recognised that the mandatory nature of the Right to Information Act will naturally support the completion of this commitment. In addition, the researcher suggested that proactive disclosure can also be achieved using other means. These may include publications and official gazettes, publicly accessible notice boards, and radio and television announcements.
The IRM researcher also acknowledged that the completion of activities listed under Commitment 22 would also play a significant, complementary role in the success of proactive disclosure.
[332] In the action plan, milestones pertaining to the right to information and proactive disclosure are listed under a single commitment. In this report, however, the two areas are separated into two different commitments (see 22 and 23).
[333] Right to Information Act, No. 12 of 2016, § 8(2), http://www.media.gov.lk/images/pdf_word/2016/12-2016_E.pdf.
[334] “Gazette of the Democratic Socialist Republic of Sri Lanka (Extraordinary),” No. 2004/66 (3 February 2017) https://www.rti.gov.lk/images/resources/2004-66_E_feb.pdf.
[335] Sugath Kithsiri (Ministry of Finance and Mass Media), interview by IRM researcher, 20 October 2017.
[336] Circular Number (M) 1/2017 (Ministry of Finance and Mass Media, 25 September 2017) https://www.media.gov.lk/images/resolution_regulations/web_eng.JPG.
[337] Sankhitha Gunaratne (Transparency International Sri Lanka), interview by IRM researcher, 17 October 2017.
[338] Kithsiri, interview.
[339] Kithsiri, interview; Piyatissa Ranasinghe (RTI Commission), interview by IRM researcher, 25 September 2018; Gunaratne, interview.
[340] Ranasinghe, interview.
[341] Id.
[342]Circular Number (M) 1/2017 (Ministry of Finance and Mass Media).
[343] Ranasinghe, interview.
[344] Sankhitha Gunaratne (Transparency International Sri Lanka), interview by IRM researcher, 28 September 2018.
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Integrity Officers to Decrease Bribery and Corruption
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Asset Declaration System
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Increase Use of RTI
LK0026, 2019, E-Government
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Citizen Participation in Health
LK0027, 2019, E-Government
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Campaign Against Youth Drug Use
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Open Data
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Agriculture Support Policy
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Participation for Persons with Disabilities
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Disability Rights Bill
LK0032, 2019, Legislation & Regulation
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Disaster Management Planning
LK0033, 2019, Capacity Building
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Nationak Environmental Policy
LK0034, 2019, Environment and Climate
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CEDAW Implementation
LK0035, 2019, Capacity Building
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Local Service Delivery
LK0036, 2019, E-Government
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Feedback on Public Bus
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Implementing UN Convention on the Rights of the Child in a Participatory Manner
LK0038, 2019, Legislation & Regulation
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Transparent Policy to Provide Safe and Affordable Medicines for All
LK0002, 2016, Capacity Building
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National Health Performance
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Ensuring Transparency and Impartiality in Teacher Recruitment Policy and Process in Sri Lanka
LK0004, 2016, Capacity Building
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Enhance the Services of Government Information Center (GIC- 1919) for Inclusive, Transparent, Accountable and Efficient Governance, Using ICT As Enabler
LK0005, 2016, Capacity Building
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Promote the Open Data Concept and Delivering the Benefits to Citizens Through ICT
LK0006, 2016, Capacity Building
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National Environmental Act (NEA) Amendments
LK0007, 2016, Capacity Building
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Coast Conservation
LK0008, 2016, Capacity Building
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Flora and Fauna Protection
LK0009, 2016, Capacity Building
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Transparent and Accountable Procurement System for Local Authorities in Sri Lanka
LK0010, 2016, Capacity Building
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Local Authority Procurement System Implementation
LK0011, 2016, Legislation & Regulation
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Annual Work Plan of the Ministry of Women and Child Affairs to Include a Transparent and Accountable Process to Implement Selected Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) Concluding Observations.
LK0012, 2016, Gender
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CEDAW Implementation – Accountability
LK0013, 2016, Gender
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CEDAW – Inclusion
LK0014, 2016, Gender
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Strengthening Women Participation in the Political Decision Making Process at the Local Level
LK0015, 2016, Capacity Building
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Strengthen the Anti-Corruption Framework to Increase Constructive Public Participation
LK0016, 2016, Anti-Corruption Institutions
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Implement UNCAC
LK0017, 2016, Anti-Corruption Institutions
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Coordination Among Anti-Corruption Agencies
LK0018, 2016, Anti-Corruption Institutions
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Corruption and Money Laundering
LK0019, 2016, Anti-Corruption Institutions
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Campaign Finance
LK0020, 2016, Anti-Corruption Institutions
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Disseminate Asset Declaration
LK0021, 2016, Anti-Corruption Institutions
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The Enactment and Implementation of the RTI Act
LK0022, 2016, Anti-Corruption Institutions
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Proactive Disclosure
LK0023, 2016, Legislation & Regulation