Sri Lankan judge calls for freedom of information law

[sidmis]

Sri Lankan judge calls for freedom of information law
as reported Lanka Business Online, 25 Aug, 2008

Aug 25, 2008 (LBO) – A top Sri Lankan judge has called for laws such
as a freedom of information act to enable people greater access to
information to create an 'informed public' that is essential for a
democratic society.

Justice Saleem Marsoof, President's Counsel and Judge of the Supreme
Court of Sri Lanka said most democracies now have legislation
providing a mechanism through which the public can have access to
information.

These include the Freedom of Information Acts of the United States and
the United Kingdom and the Right to Information Act of India.

"The proper implementation of such legislation has in turn resulted in
greater transparency and accountability while reducing the level of
corruption in these countries," Marsoof said in the inaugural K C
Kamalasabayson, P.C Memorial Oration.

Kamalasabayson was a former Attorney-General, the top state legal officer.

"However, the people can exercise their sovereignty effectively only
if they are well informed," Marsoof said.

"My experience is that in most democracies misinformation and
disinformation has become a fine art, and any one in control of the
popular media can come into power.

"Only an informed public can take the right decisions, whether at
elections or referenda," he said.
"It is therefore imperative for good governance that the public has
access to accurate, complete and timely information so vital for its
decisions."

Although corruption is a global phenomenon, it has a greater impact on
developing nations such as Sri Lanka than on more affluent countries,
because third world corruption results in further impoverishment and
the diminishment of dwindling resources, Marsoof said.

"Therefore, some legislative mechanism to give members of the public
access to information is badly needed in our country."

Marsoof also said a recent supreme court ruling that said there were
irregularities in the privatization of the state bunkering monopoly
and which fined the treasury secretary should be a warning to corrupt
public servants.

"It is the failure on the part of an increasingly greater number of
public officers to adhere to principles of good governance that
resulted in unfortunate decisions such as the recent judgement of the
Supreme Court," he said.

The court cancelled all agreements between the Board of Investment and
bunkering firm Lanka Marine Services Ltd., for the sale of its shares
as part of the process of privatization.

The court also said John Keells Holdings, which bought LMS, had
obtained illegal benefits in the privatization exercise.

"This decision will no doubt be an eye opener not only to errant
public officers, but all members of the public service in general,"
Marsoof said.

Sri Lankan judge calls for freedom of information law - LANKA BUSINESS ONLINE