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TISL reminds President of impending vacancies in Right to Information Commission

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Transparency International Sri Lanka (TISL) has called for the appointment of the new commissioners for the Right to Information (RTI) Commission in line with the procedures set out in the Right to Information Act No 12 of 2016.

 A statement issued by the TISL said: The tenure of the Right to Information (RTI) Commission which is the central oversight and appellate body established under the Right to Information Act of Sri Lanka is set to expire in September this year. Transparency International Sri Lanka (TISL) calls for the appointment of the new commissioners in line with the procedures set out in the Right to Information Act No 12 of 2016.

The RTI Commission is established under section 11 of the RTI Act which defines the constitution of the Commission, which consists of a chairperson and four members who serve a term of five years. Prior to the passing of the 20th Amendment to the Constitution, the appointments were made by the President upon the recommendations provided by the Constitutional Council.

However, the 20th Amendment changed the manner in which the RTI Commission is appointed. The Constitutional Council which is mentioned in the Act is no longer functional and has been replaced with the Parliamentary Council. Therefore, it is now up to the Parliamentary Council to obtain nominations from the Bar Association of Sri Lanka, organisations of publishers, editors and media persons and other civil society organisations to fill positions in the RTI Commission. The Parliamentary Council is expected to make observations to the President on who should be appointed to the RTI Commission, while the President’s duty to seek such observations is mandatory.

TISL hopes that the President would take these observations into serious consideration when making appointments for the RTI Commission, in keeping with the democratic process stipulated in the RTI Act of Sri Lanka.

Commenting on this, TISL Executive Director Nadishani Perera stated that “Over the Past 5 years the RTI Commission of Sri Lanka was able to deliver commendable decisions that protected the people’s right to information. They were able to do this because the RTI Commission acted in its capacity as an independent body. TISL hopes that the President will make the new appointments to the Commission in line with the provisions of the RTI Act, ensuring the independent nature of the Commission,”

Earlier TISL took steps to invite Civil Society Organisations in the country to join hands in fulfilling their role laid out in the RTI Act. The nominations by a number of Civil Society organisations including TISL for a position in the RTI Commission were compiled and handed over to the Parliamentary Council yesterday.

The RTI Commission can be considered to be a bridge that connects the state with the general populace.  During its tenure the current RTI Commission provided progressive rulings from matters ranging from simple RTI requests on local development activities to more controversial issues such as an order to release the asset declarations of the former Prime Minister. These rulings are a testament to the independence of the commission and further proof of why the proper procedure laid out in the RTI Act should be followed when making appointments to the Commission.

TISL Executive Director Nadishani Perera also noted that “the background of the RTI Commissioners and the role that they play have a direct impact on the general public. If the appointed Commissioners are impartial, with no direct ties to politics, they would be able to dole out impartial rulings on behalf of the people. Therefore, it is also the responsibility of the general public to pay close attention to the nature of individuals appointed to the RTI Commission.”

The following names were submitted to the Parliamentary Council by TISL and other civil society organisations for consideration when selecting candidates for the RTI Commission: Dr. A.K.C.H. Priyangani Jayasundara, (Nominated by Safe Foundation), J. H. Nilmini Sunethra Kumari (Nominated by Child Vision Sri Lanka), P. Sai Balasubramaniam (Nominated by Peoples’ Development Foundation), Rev. Dr. Noel Dias (Nominated by Centre for Social Justice and Equity), D.M. Samantha Dassanayake ( Nominated by Centre for Human Rights and Community Development), Dr. Prathiba Mahanamahewa (Nominated by Caritas SED),  Sampath Pushpakumara  (Nominated by Families of the Disappeared), Nadarajah Sivaranjith (Nominated by NGO Consortium, Ampara), and Ainkaran Kugadasan (Nominated by Transparency International Sri Lanka).



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Judicial vacancies: President keeps country guessing

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President

The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.

A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.

Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.

SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.

He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.

The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.

There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.

by Shamindra Ferdinando

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Sajith calls on Opposition parties to rally around SJB

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Sajith

SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.

A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.

The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.

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Ex-EC Chief slams govt. over PC polls delay

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Deshapriya

Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.

Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.

Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.

“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.

Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.

He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.

The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.

He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.

Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.

He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.

According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.

“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.

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