The Commonwealth Journal of International Affairs, 2019
Over 2015 and 2016, Sri Lanka enacted a comprehensive right to information (RTI) regime by consti... more Over 2015 and 2016, Sri Lanka enacted a comprehensive right to information (RTI) regime by constitutionally recognising the RTI and passing enabling legislation. Taking into account the context of the country’s political and bureaucratic culture, its history of RTI jurisprudence and repeated legislative attempts and the particularities of the enacted provisions themselves, this article argues that the RTI regime represents a significant constitutional advance in Sri Lanka. The regime’s operationalisation has unearthed a number of operational difficulties as well as promising advances, underscoring both the challenges and the potentials of effectively providing for the RTI. As one of the few governance reforms enacted by the national unity government, however, the RTI regime’s lone operation within a deficient and unreformed architecture of transparency and accountability places a particular and heavy burden on it, one which may also adversely impact its future sustainability.
This paper examines Sri Lanka’s Right to Information Act and its legal effect on non-governmental... more This paper examines Sri Lanka’s Right to Information Act and its legal effect on non-governmental organisations. Whilst existing and emerging research on the right to information regime in Sri Lanka has examined the right to information regime and its impact on public authorities in detail, there is a gap in the research when considering the regime, and Act’s, relationship with NGOs.
This paper aims to rectify this. First, it examines how NGOs may come under the Act as “public authorities” based on, and to the extent of, them performing “public services or functions”, and how this differentiates them from other entities the Act deems as “public authorities”. Next, it examines the legal obligations and liabilities faced by NGOs who come under, and assesses their ability to meet them. The paper finally looks broadly at the Act’s operation alongside NGOs, identifying balancing Act compliance with the priorities of funders as a particular dilemma.
The Commonwealth Journal of International Affairs, 2019
Over 2015 and 2016, Sri Lanka enacted a comprehensive right to information (RTI) regime by consti... more Over 2015 and 2016, Sri Lanka enacted a comprehensive right to information (RTI) regime by constitutionally recognising the RTI and passing enabling legislation. Taking into account the context of the country’s political and bureaucratic culture, its history of RTI jurisprudence and repeated legislative attempts and the particularities of the enacted provisions themselves, this article argues that the RTI regime represents a significant constitutional advance in Sri Lanka. The regime’s operationalisation has unearthed a number of operational difficulties as well as promising advances, underscoring both the challenges and the potentials of effectively providing for the RTI. As one of the few governance reforms enacted by the national unity government, however, the RTI regime’s lone operation within a deficient and unreformed architecture of transparency and accountability places a particular and heavy burden on it, one which may also adversely impact its future sustainability.
This paper examines Sri Lanka’s Right to Information Act and its legal effect on non-governmental... more This paper examines Sri Lanka’s Right to Information Act and its legal effect on non-governmental organisations. Whilst existing and emerging research on the right to information regime in Sri Lanka has examined the right to information regime and its impact on public authorities in detail, there is a gap in the research when considering the regime, and Act’s, relationship with NGOs.
This paper aims to rectify this. First, it examines how NGOs may come under the Act as “public authorities” based on, and to the extent of, them performing “public services or functions”, and how this differentiates them from other entities the Act deems as “public authorities”. Next, it examines the legal obligations and liabilities faced by NGOs who come under, and assesses their ability to meet them. The paper finally looks broadly at the Act’s operation alongside NGOs, identifying balancing Act compliance with the priorities of funders as a particular dilemma.
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Papers by Pasan Jayasinghe
This paper aims to rectify this. First, it examines how NGOs may come under the Act as “public authorities” based on, and to the extent of, them performing “public services or functions”, and how this differentiates them from other entities the Act deems as “public authorities”. Next, it examines the legal obligations and liabilities faced by NGOs who come under, and assesses their ability to meet them. The paper finally looks broadly at the Act’s operation alongside NGOs, identifying balancing Act compliance with the priorities of funders as a particular dilemma.
This paper aims to rectify this. First, it examines how NGOs may come under the Act as “public authorities” based on, and to the extent of, them performing “public services or functions”, and how this differentiates them from other entities the Act deems as “public authorities”. Next, it examines the legal obligations and liabilities faced by NGOs who come under, and assesses their ability to meet them. The paper finally looks broadly at the Act’s operation alongside NGOs, identifying balancing Act compliance with the priorities of funders as a particular dilemma.