Nalaka Gunawardene speaks at RTI Seminar for Sri Lanka Parliament staff, 16 Aug 2016
On 16 August 2016, I was invited to speak to the entire senior staff of the Parliament of Sri Lanka on Right to Information (RTI) – South Asian experiences.
Sri Lanka’s Parliament passed the Right to Information (RTI) law on 24 June 2016. Over 15 years in the making, the RTI law represents a potential transformation across the whole government by opening up hitherto closed public information (with certain clearly specified exceptions related to national security, trade secrets, privacy and intellectual property, etc.).
This presentation introduces the concept of citizens’ right to demand and access public information held by the government, and traces the evolution of the concept from historical time. In fact, Indian Emperor Ashoka (who reigned from c. 268 to 232 Before Christ) was the first to grant his subjects the Right to Information, according to Indian RTI activist Venkatesh Nayak, Coordinator, Commonwealth Human Rights Initiative (CHRI). Ashoka had inscribed on rocks all over the Indian subcontinent his government’s policies, development programmes and his ideas on various social, economic and political issues — including how religious co-existence.
Nalaka Gunawardene speaks at RTI Seminar for Parliament staff, Sri Lanka – 16 Aug 2016
Therefore, adopting an RTI law signifies upholding a great Ashokan tradition in Sri Lanka. The presentation looks at RTI good practices and implementation experiences in India, Nepal, Bangladesh, Pakistan and Maldives – all these South Asian countries passed an RTI law before Sri Lanka, and there is much that Sri Lanka can learn from them.
The presentation ends acknowledging the big challenges in implementing RTI in Sri Lanka – reorienting the entire public sector to change its mindset and practices to promote a culture of information sharing and transparent government.
Cartoon by Awantha Artigala, Daily Mirror newspaper Sri Lanka
Right to Information: A New Journey Begins Now!
By Nalaka Gunawardene
On 24 June 2016, Sri Lanka’s Parliament unanimously adopted the Right to Information (RTI) law.
This marks the culmination of over two decades of advocacy by civil society groups and journalists. It also fulfills a key promise of the yahapalana government.
Passing the law has been no easy task, as it went through a year of drafting, judicial review by Supreme Court, and considerable political scrutiny. The government and other political parties in Parliament – who rarely agree on anything – came together to pass the law without a vote.
However, our challenges are far from over. Now begins the daunting task of implementing the new law. RTI calls for a complete reorientation of government in how it handles information and promotes openness. This is unfamiliar ground.
As one skeptical citizen, Harindra Dassanayake (@HarindraBD) said on Twitter within hours of the law passing: “Lanka as many good laws, with hopeless or zero impact. Hope RTI [would] be different. It’s time to act and not celebrate.”
Indeed, there is much to do. The law’s adoption is only a fresh start. Proper implementation requires political will, administrative support and sufficient public funds.
We would also need on-going monitoring by civil society groups and the media to guard against the whole process becoming mired in too much red tape.
Late comers, quick learners?
With the new law, Sri Lanka becomes the 108th country in the world to have introduced RTI laws, also known as freedom of information laws.
That leaves only Bhutan in South Asia without a national RTI law, according to Venkatesh Nayak, Programme Coordinator with the Commonwealth Human Rights Initiative (CHRI) in New Delhi.
Nayak, a noted RTI expert and activist, says that countries without RTI laws are becoming a smaller and smaller minority on the planet.
He adds: “But for the long drawn ethnic conflict, Sri Lanka would have been the second country in South Asia to enact a national RTI law if efforts made in 2003-4 had reached fruition.”
In the event, Sri Lanka took the belated first step in April 2015, when the 19th Amendment to the Constitution made the right to information a fundamental right. The RTI Act puts in place the administrative arrangement to enable citizens can exercise that right.
Sri Lanka is certainly a late comer to the global RTI community, but we can exploit this to our advantage. Our neighbours and others countries have so much experience in this respect that can help us in implementation.
For example, RTI has emerged such a powerful tool in the hands of Indian citizens since the national law came into effect in 2005. So much so that it is now become a verb (as in “We will RTI this information” when confronted with a problem).
Across India, young schoolchildren and grandmothers with no formal education are using RTI requests to solve local level problems – from overdue scholarship payments to restoring suspended rural bus services.
Meanwhile in Bangladesh, which adopted its RTI law in 2009, citizens and NGOs are creatively using public information to combat poverty and counter corruption.
RTI has transformed Indian society within a decade
RTI needs imagination
What transformative impacts can the RTI law have on Lankan society, politics and governance? The answer is in everybody’s hands.
Unlike most other laws, RTI is one for citizens to seize and use. That, in turn, requires a commitment to the public interest, plus plenty of imagination and tenacity.
When the new Act comes into effect six months from now, any citizen of any age should be able to seek and receive information held with a public authority at central, provincial or local levels.
The law covers all organs of the State – Parliament, Executive (President and Cabinet) and the Judiciary. This includes the police and public sector corporations, local government bodies, as well as private entities carrying out public functions or providing public services under contract or license from local authorities (to the extent such work is concerned).
To be sure, the law has some exemptions when the right of access to information may be denied on legitimate grounds such as protecting the privacy of individuals, safeguarding national security and preventing the premature release of vital economic data (e.g. exchange rates, regulation of banking and taxation). These are common to RTI laws the world over.
Some are not happy with the extent of exemptions. But in my view, we should focus on so much information that now becomes our right to ask for — and receive within 21 days or less.
On the part of public authorities, they will no longer be allowed to release information as and when they wish. RTI law defines how it must be done and failure to do so has consequences for public officials.
Citizens, on their part, must find sufficient purpose and focus in information they can demand and receive. RTI is not a mere political slogan, but a practical tool for solving problems.
Problem solving
For example, how does our local body spend our tax money? On what basis are Samurdhi beneficiaries selected? Or how are government jobs given to some and not others?
RTI will prise open the hitherto closely guarded ‘reservoirs’ of information.
A five member RTI Commission appointed by the President — on the recommendations of the Constitutional Council — will monitor and process and investigate citizen complaints and appeals. The Commission’s decisions can also be challenged before the Court of Appeal.
All this concerns the ‘supply side’ of public information, which is surely going to be enhanced. But what about the demand side? Are we ready for active citizenship armed with more information?
To draw an analogy from water management, opening sluice gates of a water reservoir can benefit only if the downstream systems are in place and the users are ready. With both water and information, recipients need to know how to make the best use of what comes through.
In the coming weeks and months, much needs to be done to ensure RTI readiness among public officials, and RTI awareness among the public.
Finally, citizens can look back at govt…do we know how?
Bigger Picture
As we get busy with the nitty-gritty operational details, let us not lose sight of the bigger picture. RTI signifies unleashing a new potential, and a major change in the status quo.
First, we must shake off a historical legacy of governments not being open or accountable to citizens. For over 2,000 years of monarchy, over 400 years of colonial rule and 67 years of self-rule since independence, all our governments have restricted public information – even mundane ones unrelated to any security or sensitive issues.
The ‘default setting’ in most government agencies is to deny and restrict information. To change this, both public servants and citizens will need a paradigm shift in their minds.
As long-standing champions of RTI, Lankan media and civil society must now switch roles. While benefiting from RTI themselves, they can nurture the newly promised openness in every sphere of public life. They can show, inspire and equip other citizens how best to make use of it.
However, RTI is not just a piece of law or changing how governments share public information. At its most basic, RTI is a collective state of mind. With its adoption, our society can start moving along a more open, informed and inquisitive pathway.
Science writer and columnist Nalaka Gunawardene has long chronicled the rise of Sri Lanka’s information society. He tweets at @NalakaG
The Tudikhel open ground in central Kathmandu is transformed into a large flag holder as 35,000 Nepalese break the world record for the biggest human flag – 23 August 2014 – Photo by AFP/Getty Images
If there’s one thing (many) South Asian nations have in abundance, it’s people. Now, countries of this populous region are competing to hold the world record in an unusual phenomenon called the human national flag.
On 23 August 2014, more than 35,000 Nepalese came together in Kathmandu’s city centre to form the world’s largest “human national flag”. The feat was best seen from the air, and had a special visual significance too: the Himalayan nation has the world’s only flag which is not a quadrilateral (it’s made up of two triangles).
The exercise was billed as an effort to ‘unite the hearts of Nepal’. As seen from the Facebook page (https://www.facebook.com/events/1521476671414710/), it entailed plenty of preparation. Unless you’re in North Korea, getting thousands of people to perform an act of mass coordination isn’t easy.
If Guinness World Records accepts this claim based on photographic and video evidence, Nepal will replace Pakistan as current record holder. On 15 February 2014, a total of 28,957 people came together at the National Hockey Stadium in Lahore to make up their flag during Punjab Youth Festival 2014. http://www.guinnessworldrecords.com/world-records/2000/largest-human-national-flag
On 5 February 2014, a total of 28,957 Pakistanis came together at the National Hockey Stadium in Lahore to create their national flag
Pakistanis beat Bangladesh to this record. A total of 27,117 volunteers, mostly students, stood up with red and green blocks to form their flag at the National Parade Ground in Sher-e-Bangla Nagar in Dhaka on 16 December 2013. They stood there for 6 minutes 16 seconds, though the requirement for setting a new world record was 5 minutes.
Bangladesh human national flag created at the National Parade Ground in Sher-e-Bangla Nagar in Dhaka on 16 December 2013. Photo by Shahidul Alam/Drik News
So here’s a chance for Sri Lanka’s patriots to literally fly their flag into a world record. Of course, coordinating the creation of the Lion Flag will be more demanding (making up Pakistani and Bangladeshi flags is relatively easier than Nepal’s).
New opportunities for South Asian collaboration in space technologies can help reduce poverty and promote sustainable development.
Both China and India are keen to enhance links with smaller Asian countries in using satellites for communications, weather services, land use monitoring and navigation. They have also realised the value of ‘space diplomacy’, or using space related technical cooperation for strengthening foreign relations.
In this week’s Ravaya column (in Sinhala), I look at South Asian countries investing in space technologies, and discuss the prospects for a common South Asian satellite, an idea recently revived by the Indian Prime Minister.
In this week’s Ravaya column (in Sinhala), I salute a fellow traveler in journalism and conservation who departed two years ago: Manel Tampoe (1927-2012).
This week’s Ravaya column (in Sinhala) is about the Meena Communication Initiative, which used animations and popular culture to discuss serious messages related to the girl child in South Asia.
News feature published in Ceylon Today broadsheet newspaper, 23 January 2014
South Asia Coastal Management Convention in Pondicherry – L to R Chandra Bhushan, Aurofilio Schiavina, Sunita Narain, Tahir Qureshi, Anil Premaratne
South Asian Coasts Reeling Under Pressure
By Nalaka Gunawardene in Pondicherry, India
As economic development gathers pace in South Asia, its coastal regions are coming under pressure as never before. More ports, power plants and tourist resorts are jostling with fishermen and farmers.
Balancing livelihoods, economic growth and environmental conservation is the only way to avoid a major resource crisis, acknowledged participants at the South Asia Convention on Coastal Management held in Pondicherry, India, from 19 to 21 January 2014.
Over 70 senior government officials, researchers, civil society activists and journalists from Bangladesh, India, Maldives, Pakistan and Sri Lanka came together for this event, organised by Delhi-based Centre for Science and Environment (CSE) and Pondicherry-based citizen group, PondyCAN.
They reported how a disproportionately high share of South Asia’s industrialisation, urbanisation and tourism development is concentrated along its combined 11,240 km of coastline. In total, coastal areas support livelihoods of some 400 million South Asians through fisheries, tourism and other activities.
In many parts of the region, high population density exists alongside sensitive ecosystems – such as mangroves and coral reefs and river estuaries. This intensifies the challenge of managing coastal resources. Climate change impacts, already felt as extreme weather events, add to these pressures.
Participants discussed strategies for regulating coastal development, protecting coastal habitats and coping with climate change.
They agreed on the urgent need for improving scientific understanding of coastal regions, which begins with clearly defining, demarcating and mapping such areas. Evidence based policy making and effective regulation depend on such a knowledge base, currently lacking or inadequate.
“There is a need to strengthen regulatory systems, build capacity and do more research to better manage coastal challenges in South Asia,” said Sunita Narain, Director General of CSE.
In CSE’s view, she said, the most important intervention is to strengthen existing institutions to get them to deliver with greater transparency and accountability.
She added: “We need to balance conservation with benefits to local communities. We also need partnerships between conservation, development and livelihoods without which coastal resource management is not possible in a region like South Asia”.
Only such an approach can reconcile the many pressures faced by South Asia’s maritime countries including poverty, depleting resources, increasing hazards and large scale enterprises seeking quick profits from the coastal resources.
“We need to make sure these plans incorporate climate change to make them more meaningful to countries like ours,” he added.
Large scale infrastructure development projects are adding to other pressures. India – which already has 202 commercial ports and 27 thermal power plants on its coastline – is planning another 76 ports and 59 power plants. Over 70% of Sri Lanka’s tourist hotels are located in the coastal zone, with more coming up. The scramble for the coast is increasing in other countries, too.
Meanwhile, over two thirds of the world’s ship breaking takes place on open beaches in Bangladesh, India and Pakistan with little regard for worker health or environmental pollution. It is a highly hazardous industry with lucrative returns for operators.
Participants agreed on the need for the South Asian countries to share experiences and approaches and to learn from each other.
Premaratne pointed out that laws and regulations are just one strategy for better managing coastal areas. Other strategies include awareness raising and public education, and the involvement of local communities in resource management and benefit sharing.
Participants also stressed the need for placing all scientific information and maps in the public domain. Right now, these are often trapped in state agencies or research institutes, with no easy access to researchers or other citizens.
Probir Banerjee, President PondyCAN, stressed that the “worst affected are the people living at the margins and the objective has to be to enhance livelihoods, and not compromise them.”
Long before Malala, there was another spirited young girl named Meena.
Like Malala Yousafzai does today, Meena too spoke out for and on behalf of girls — their right to education, good health, nutrition and, most important, to be treated the same way as boys.
Like Malala, young Meena too spoke passionately yet courteously. While Malala challenged the ferocious Taliban, Meena took on the equally formidable adversary named tradition.
Malala and Meena could well have been sisters in arms — except that the latter isn’t quite real. She is a cartoon character imagined and developed by some of South Asia’s most talented animators and development communicators two decades ago.
UNICEF developed the Meena Communication Initiative (MCI) as a mass communication project aimed at changing perceptions and behaviour that hamper the survival, protection and development of girls in South Asia.
Here’s how their website describes Meena:
“Meena is a cartoon character from South Asia. She is a spirited, nine-year-old girl who braves the world – whether in her efforts to go to school or in fighting the stigma surrounding HIV/AIDS in her village.”
UNICEF launched Meena in September 1998 after eight years of extensive research in the region since the initial conceptualization. The name Meena was carefully chosen as it was found to span the different cultures in the region: people in Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka could relate to the name.
A cast of carefully researched characters was created for Meena’s family and community. It included Meena’s talkative pet parrot Mithu, brother Raju, mom and dad, grandma and village school teacher.
There was no fundamentalist group threatening Meena’s village. Instead, it was grappling with poverty, ignorance and orthodoxy.
The Meena stories are entertaining and fun, but also reflect the realities of girls’ lives in South Asia. Through story-telling, important social messages are conveyed, such as the value of educating girls, freedom from exploitation and abuse, need for hygiene and proper sanitation, and the right of girls to a proper childhood not marred by under-age marriages.
In total, 13 Meena episodes were produced through a collaboration that involved Ram Mohan Studios of Mumbai and Hanna-Barbera affiliate Fil Cartoons of Manila.
Three examples:
Meena: Will Meena Leave School?
Meena: Count Your Chickens
Meena: Too Young to Marry
Meena is widely recognised and appreciated in most South Asian countries, and is a successful advocacy and teaching tool for girls’ and children’s rights. The Meena figure has achieved remarkable popularity as she tackles the key issues affecting children, and the threats to the rights of millions of girls in South Asia.
Tareque Masud in Cannes in 2002. Photo by Olivier Laban-Mattei/AFP
South Asia’s notorious killing fields, a.k.a. roads, have robbed us of another highly talented and committed professional. Bangladesh film maker Tareque Masud died on the spot when his microbus collided head-on with a passenger bus in in Ghior, close to Dhaka, on August 13.
The accident also killed Mishuk Munier, CEO of Bangladesh’s private ATN television news channel and three others, and injured Tareque’s film maker wife Catherine. The Masuds and team had been returning after scouting for locations for their next feature film, named Kagojer Ful (The Paper Flower). It was to be a prequel to his award-winning first full-length feature film, Matir Moina (English release title “The Clay Bird”).
That film, which tells the story of a young boy living at a madrasa or Islamic religious school, was inspired by his own childhood experiences. When it debuted at the Cannes Film Festival in 2002, it won him the International Critic’s Award as well as the FIPRESCI Prize for Directors’ Fortnight for “its authentic, moving and delicate portrayal of a country struggling for its democratic rights.”
Matir Moina was received with critical praise and toured the international circuit. However, the Bangladeshi Government initially refused to issue a censor certificate for national screening, saying it gave a distorted image of the madrasa system, and that it could hurt feelings in this Muslim-dominated country. Confronted by Tareque’s appeal and widespread international pressure, the decision was later reversed.
Tareque made several documentaries before venturing into feature film making. I first came to know his work through Muktir Gaan (The Song of Freedom, 78 mins, 1995), the most famous film in early age of his career.
In that documentary, the camera follows a music troupe during the Liberation War of Bangladesh in 1971. The members of the troupe sing songs to inspire freedom fighters. The film was made mainly based on the footage of American filmmaker Lear Levin that Masud got from the basement of Levin’s house in New York.
Muktir Gaan was an extraordinarily compelling film that was released theatrically in Bangladesh, blazing a new trail in distributing long-format documentaries in South Asia. It was also a strong entry at the inaugural edition of Film South Asia festival in Kathmandu, where I was on the jury. We awarded it a Jury Special Mention.
The Masuds followed it up with Muktir Kotha (The Story of Freedom, 82 mins, 1996), an oral history documentary about the experience of ordinary villagers during 1971 Liberation War. They also made many development related films through their Dhaka based production company, AudioVision.
I have fond memories of meeting Tareque and Catherine at the FSA festival. Our paths crossed at least a couple of times more in different corners of South Asia. Although we once discussed a collaborative project, it never happened due to the lack of funding.
As one film critic noted, “They were a delightful couple who managed to be deeply committed to the improvement of Bangladeshi society without ever being pompous or self-righteous.”
This multiple exposure image shows the various stages of the total solar eclipse in Baihata village, 30 kms from Guwahati, the capital city of the northeastern state of Assam on July 22, 2009. The longest solar eclipse of the 21st century cast a shadow over much of Asia, plunging hundreds of millions into darkness across the giant land masses of India and China. AFP PHOTO/ Biju BORO
This century’s longest solar eclipsed moved across Asia on 22 July 2009, wowing scientists and the public alike. Asia’s multifarious media covered the solar eclipse with great enthusiasm and from myriad locations across the vast continent.
The path of the eclipse’s totality –- where the sun was completely obscured by the Moon for a few astounding minutes –- started in northern India. It then crossed through Nepal, Bangladesh, Bhutan, Myanmar and China, before heading out to the Pacific Ocean. Those who were lucky enough to be at the right place at the right time saw one of Nature’s most spectacular phenomena. It was certainly a sight to behold, capture on film, and cherish for a lifetime.
But many along the path missed this chance as clouds obscured the Sun. It’s the rainy season in much of Asia, where the delayed monsoon is finally delivering much-needed rain.
Eclipse watching in Taregna, Bihar, India - Photo: Prashant Ravi, BBC OnlineThat’s what happened in Taregna, in the eastern Indian state of Bihar. The media had dubbed it the ‘epicentre’ of the solar eclipse, and estimated totality to be visible for at least three minutes and 38 seconds. Thousands who flocked to the village were disappointed when the clouds refused to budge. Nature doesn’t follow our scripts.
That didn’t deter some affluent Indians -– if the eclipse won’t come to them, they just went after it. They chartered an airplane to fly above the rain clouds to catch the once-in-a-lifetime eclipse. Each seat cost US Dollars 1,650.
It’s rarely that totality crosses through countries with such high human numbers as China and India. This time around, millions of people and thousands of journalists took advantage.
Some travelled long distances hoping to get the best view from the 200-km wide path of totality. Others watched it one of Asia’s many and cacophonous 24/7 TV news channels. The event had all the elements of a perfect television story: mass anticipation, eager experts and enthusiasts, occasional superstitions, uncertainties of weather and, finally, a stunning display of Nature’s raw power.
‘Darkness at Dawn!’ screamed a popular headline, referring to the eclipse causing a sudden ‘nightfall’ after the day had begun. Other superlatives like ‘Spectacle of the century’ and ‘A sight never to be missed’ were also widely used.
Myanmar Buddhist novices watch solar eclipse through the filters, in Yangon, MyanmarSolar eclipses are indeed a marvel of Nature, and the media’s excitement was justified. For once, it was good to see them devoting a great deal of airtime and print/web space for something that was not violent, depressing or life-threatening.
How I wish Asia’s media took as much interest in another kind of ‘eclipse’ that surrounds and engulfs us! One that does not end in minutes, but lasts for years or decades, and condemns millions to lives of misery and squalor.
Stories of poverty, social disparity and economic marginalisation are increasingly ‘eclipsed’ in Asia by stories of the region’s growing economic and geopolitical might.
The mainstream media in Asia –- as well as many outlets in the West — never seem to tire of carrying reports of Asia rising. Indeed, that is a Big Story of our times: many Asian economies have been growing for years at impressive rates. Thanks to this, over 250 million Asians have moved out of poverty during this decade alone. According to the UN’s Asian arm ESCAP, this is the fastest poverty reduction progress in history.
We see evidence of increased prosperity and higher incomes in many parts of developing Asia. Gadgets and gizmos –- from MP3 to mobile phones — sell like hot cakes. More Asians are travelling for leisure than ever before, crowding our roads, trains and skies. Lifestyle industries never had it so good. Even the current recession hasn’t fully dampened this spending spree.
World map proportionate to number of poor people in each country/region - from Atlas of the Real World
But not everyone is invited to the party. Tens of millions of people are being left behind. Many others barely manage to keep up -– they must keep running fast just to stay in the same place.
National governments, anxious to impress their own voters and foreign investors, often gloss over these disparities. The poor don’t get more than a token nod in Davos. National statistical averages of our countries miss out on the deprivations of significant pockets of population.
On the whole, the UN cautions that the Asia Pacific region is in danger of missing out the 2015 target date for most Millennium Development Goals – the time-bound and measurable targets for socio-economic advancement that national leaders committed to in 2000.
The plight of marginalised groups is ignored or under-reported by the cheer-leading media. For the most part, these stories remain forever eclipsed. Except, that is, when frustrations accumulate and blow up as social unrest, political violence or terrorism. Even then, the media’s coverage is largely confined to reporting the symptoms rather than the underlying social maladies.
Indonesian children look up through x-ray film sheets to watch a solar eclipse in the sky in Anyer Beach, Banten province, Indonesia“Half the children in South Asia go to bed hungry every night, but the covers of our news magazines are about weight loss parlors,” says Kunda Dixit, Chief Editor of The Nepali Times.
As he noted in a recent essay: “Maternal mortality in parts of Nepal is nearly at sub-Saharan levels, but we are obsessed with politics. Hundreds of cotton farmers in India commit suicide every year because of indebtedness, but the media don’t want to cover it because depressing news puts off advertisers. Reading the region’s newspapers, you would be hard-pressed to find coverage of these slow emergencies.”
P N Vasanti, Director of the Delhi-based Centre for Media Studies which monitors the leading newspapers and news channels in India, laments how “development” issues such as health, agriculture and education are not even on the radar of popular news sources. Her conclusion is based on a content analysis of the six major Indian news channels during the run-up to the recent general election in India.
I have come across similar apathy in my travels across Asia trying to enhance television broadcasters’ coverage of development and poverty issues. As one Singaporean broadcast manager, running a news and entertainment channel in a developing country, told me: “I don’t ever want to show poor people on my channel.”
Don’t get me wrong. Trained as a science journalist, I can fully appreciate the awe and wonder of a solar eclipse. For years, I have cheered public-spirited scientists who join hands with the media to inform and educate the public on facts and fallacies surrounding these celestial events.
But there are more things in heaven and earth, than are dreamt of in our mainstream media’s breathless coverage of the march of capital. Journalists and their gate-keepers should look around harder for the many stories that stay eclipsed for too long.
Open Minds! (formerly: Moving Images blog) 