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National Advocacy Campaign for the Right to Information

INTERIM REPORT

Centre for Policy Alternatives & British Council,

March 2003 Introduction Governments the world over seem to take the dictum rather too seriously that ignorance is bliss. It is rare that government makes any effort to inform the citizens of its activities, programmes or schemes unless it is to get political mileage.

In this alienation of the citizen from the state, the Right to Information is being seen as the possible panacea to many ills. A legal right to have access to government-held information will strengthen democracy by ensuring transparency and accountability in the actions of public bodies. It will enhance the quality of citizen-participation in governance from mere vote-casting, to involvement in the decision- making that affects her or his life.

Denial of the right to freedom of expression has been at the core of the political and social tragedy that has beset Sri Lanka for decades. Media freedom, the public's right to know and the individual's fundamental right to freely hold and express opinions have all been flagrantly trampled upon by successive governments. The consequences for Sri Lankan society have been both marked and severe, and their legacy will almost certainly be felt for many years to come.

Governments of Sri Lanka have used a wide range of methods — both formal and informal — to impose censorship. Many obstacles to freedom of expression exist in law. Emergency regulations, for example, have been used by governments to close newspapers, seal printing presses, imprison political opponents without charge or trial, and even to enable security forces to destroy evidence of possible extrajudicial executions. Other methods of censorship, however, are informal, arbitrary and concealed from the public. These informal methods have in recent years included widespread threats and attacks — sometimes lethal — upon journalists, other media workers and writers for expressing views or publishing material which the authorities preferred to repress.

National Advocacy Campaign for the Right to Information It is to address concerns outlines above that the Centre for Policy Alternatives (CPA), along with the British Council Sri Lanka, decided to collaborate on a national advocacy campaign for the right to information, with the following objectives:

· Raise awareness amongst local government authorities, professionals in various fields, policy makers and local community based organisations on the public’s Right to Information as a fundamental human right. · Raise awareness amongst local communities on their right to information, thereby instilling the practice in the community of seeking out information and putting pressure on local government authorities to provide the same, in place of the current practice amongst the general public, which is to ‘do without’ the information denied. · Incorporate the need for information into the Work Programs of local Community Based and Non Governmental Organisations. · Encourage local communities, CBOs and NGOs to work together on litigation and fundamental rights cases, in order to overcome the current lack of Right to Information legislation. · Encourage local CBOs and NGOs to take on an intermediary role, representing and assisting members of the community in obtaining required information. · Encourage provincial arms of media organisations to take up causes of the community and highlight the need for and lack of information in each area. · To develop networks of aware and informed CBOs, NGOs, groups, partners and individuals for engagement on future activities to expand information access / awareness. · To gather data on information provision from workshop participants (CBOs, NGOs etc) to inform future project design for access to information activities.

As part of this programme of activities, two workshops were held in March 2003 for media personnel – in and in Vavuniya.

Evaluation Process

Evaluation Tools To collect the necessary data to evaluate the programme, the below listed tools were used. Each was designed to gather a specific type of information, thus allowing for both a broad and in-depth assessment process. The tools include observations, questionnaires, interviews and a long-term discussion group. The table below contains details about each of the four tools.

Evaluation Tool Explanation Observations Evaluation observations made by Mr. Sanjana Hattotuwa, Coordinator, Media Monitoring Unit, CPA. These observations are interpreted based upon the knowledge and experience of the writer and are focused on the content, structure and organisation of the activities. Questionnaires The participants of half-day workshops completed evaluation questionnaires. The participants were invited to complete the questionnaires in Sinhala, Tamil or English. The questionnaires included specific questions addressing the core issues of relevance, applicability, effectiveness, impact and sustainability. This tool is designed to allow for a broad evaluation of the participants’ views. (see Annex for a copy of questionnaire). Follow-Up Forum Long-term follow-up and evaluation activities will be conducted in the form of a discussion forum. This forum will be jointly convened by the Centre for Policy Alternatives (CPA) and the British Council, Sri Lanka

Project Cycle

Project Design & Inputs Outputs Immediate Wider Objectives Cycle Preparation Objectives Stages

Programme Identification of British Workshops Awareness of Greater of activities right to Council for journalists the transparency and information financial in Colombo importance accountability in issues in Sri resources and Vavuniya of the Right governance due Lanka and design and to to media usage of of programme. programme Information Right to design input Information principles and legislation

Workshop for Journalists in Colombo – 28th March 2003

A participant reporting back on group discussions. Photo by CPA.

Overview Held at the Marga Auditorium, the half-day workshop was conducted by Mr. Sunanda Deshapriya, Director, CPA. Media personnel from television, print and radio were present, as well as Editors of alternative media and civil society publications (full list in Annex 1).

Feedback Feedback was gathered through questionnaires given to each participant. 100

80

60

40 Feedback on Workshop 20

0 Very Successful Average Successful

35

30 Aspects of the Workshop 25

20

15

10

5

0 Content Presentation Background Group Advocacy Material Discussion Tools

Salient Points of Discussions / Feedback · It is difficult to synthesize the strands of what was an extremely animated and fluid discussion on the right to information and how it applied to media personnel.

· The participants were very interested in the presentation made by Mr. Asanga Welikala, Research Associate, CPA, on the draft Freedom of Information Bill, prepared by the Editors Guild with the technical assistance of CPA. There was discussion on how to use some of the tenets of the proposed bill to bring about greater transparency and accountability in government.

· Furthermore, Mr. Deshapriya asked the participants to discuss how such a legislative enactment could help in procuring vital information suing the examples that the participants themselves had brought out earlier in the day.

We are very grateful to the Centre for Policy Alternatives and the British Council for organising this workshop. The quality of “ background materials and the training we received were excellent. I cannot think of any other organisation other than CPA which does programmes of this nature, and gives so much of valuable resource material to participants free of charge.

Kamal Bandara Heenkende ” ITN

· There was discussion on the culture of governance in the country, and the importance of animating any legislative framework on the ground. Awareness building amongst officials of public institutions on the right to information was also flagged as important.

· Also discussed was the culture of secrecy in Sri Lanka, with participants brining out many examples where information was not released in the public interest by officials who were not cooperative or who were corrupt. The lack of time and resources to give out information to the public was also brought out as a serious problem, even if necessary legislative structures were in place.

· The protection of those who did give out information (the protection of whistleblowers) was flagged as very important by the participants.

Workshop for Journalists in Vavuniya – 31st March 2003

Participants discussing the importance of the Right to Information . Photo by CPA.

Overview Held in Vavuniya in collaboration with the Vanni Journalists Association and the Tamil Journalists Association, this half-day workshop was also conducted by Mr. Sunanda Deshapriya, Director, CPA. Media personnel from television, print and radio were present (full list in Annex 2).

Feedback Feedback was gathered through questionnaires given to each participant.

100

80

60 Feedback on 40 Workshop

20

0 Very Successful Successful

30 Aspects of the Workshop 25

20

15

10

5

0 Content Presentation Background Group Advocacy Material Discussion Tools

Salient Points of Discussions / Feedback · Participants shared many of the concerns felt by those in the workshop held in Colombo. However,. Many felt that the problem of a lack of access to information was far more acute in the North-East. · They also believed that the capacity building of journalists needed to concentrate on those in the North-East. When compared to journalists in the South, they said that the protracted conflict had debilitated the work and skills of journalists in the North-East.

This was the first time that journalists, both Tamil and Sinhala,

from the Vavuniya Journalists Association and the Vanni “ Journalists Association have assembled together. This is also the first time that any organisation has held a workshop of this nature in Vavuniya. We are very grateful for this.

Mr. Ponniah Manikavasagam ” Vanni Journalists Association

· Many participants spoke of the need for training in ICT and electronic media. These they said, were tools that many of them did not know how to utilise to their fullest potential. · Many participants spoke about the lack of information on the conflict, human rights violation, casualty figures and statistics, money spent on development activities in the North-East, the opaque taxation system of the LTTE etc as areas in which legislation ensuring the right to information would invariably help.

Conclusions and Recommendations

1. Based on participant feedback, the programme design appears to have been highly relevant to the situation in Sri Lanka and was orientated to address the needs of the media. Thus the immediate objectives appear to have correctly addressed the identified problems.

2. There is great scope for follow up activities and programmes. Participants time and again spoke of the need for a sustained dialogue with the target groups in order to facilitate awareness on the Right to Information.

3. Participants in Vavuniya were also very keen to get training on Information Technology. They had identified IT to be a key tool for journalists, and said they would be grateful for any training they received in this area.

4. The following were identified by participants in both workshops to be of importance:

· Expand knowledge of the Right to Information, from basics to the proposed legislative framework in Sri Lanka. · Knowledge of international standards regarding the freedom of information and the freedom of expression · Awareness of tools that one can use to advocate the right to information · The confluence between the media and the right to information

5. Many journalists said that Freedom of Information legislation must include provisions for the protection of individuals from legal, administrative or employment related sanctions for releasing information on wrongdoing.

6. Furthermore, many participants also spoke about the need for open government. Open government, they said, needs to make provision for informing the public about their access rights and promoting a culture of openness within the government. As a minimum, it should make provision for the dissemination of information regarding the right to access information, the scope of information available, and the manner in which the right can be exercised.

Annex 1

Participants list for workshop in Colombo 28th March 2003

Name Organisation Contact Details Sunanda Deshapriya Centre for Policy Alternatives (CPA) [email protected] 24/2, 28th Lane, 0777-312457 off Flower Road Colombo 7 Sanjana Hattotuwa Centre for Policy Alternatives (CPA) [email protected] 24/2, 28th Lane, 0777-411330 off Flower Road Colombo 7 Asanga Welikala Centre for Policy Alternatives (CPA) [email protected] 24/2, 28th Lane, 071-713081 off Flower Road Colombo 7 Lionel Guruge Centre for Policy Alternatives (CPA) [email protected] 24/2, 28th Lane, off Flower Road Colombo 7 Sanjeevani Munasinghe British Council 074-521553 49, Alfred House Gardens, Colombo 3 Udaya Kalupathirana INFORM 309467 (Off) 237,22, Vijaya Kumaratunge Mawatha, 072-225171 Colombo 5

Saman Waga Arachchi Lake House, 429241 (Off.) Colombo 10 071-277691 Tharanga Kularatne 072-425359

Uvindu Kurukulasuriya 851672/3

Sithara Senani , Lake House 429242-7

Chandima Niroshani Dinamina, Lake House 429242-7

Vineetha M. Gamage , 441070 Hunupitiya Cross Road, 072-969386 Colombo 2 Sunimalee Dias 436998 074 714746 Athula Withanage ABC Radio 074-799772 35th Floor, World Trade Centre Colombo 1 Thiruchchelyan Thirukkumaran Newspaper 0777-707171 Kamal B. Heenkende ITN News Room 774421 074-403975 0777-375309 V. Fernando SEDEC, 691885 Colombo 8 Quintus Columbage SEDEC, 691885 Colombo 8 Richard Dias Centre for Society and Religion 695425 688691 C.J. Amaratunge Lankadeepa Mahinda Hattaka Lankadeepa Manju Lehange MDDR 1149, Kotta Road, Rajagiriya

Niroshana Peiris SLEJF Wijayananda Rupasinghe Dept. of Mass Communication University of Kelaniya Kelaniya

Dharshana Kalinopala MDDR 1149, Kotta Road, Rajagiriya Priyantha Pradeep Ranasinghe Hiru FM 075-360360 0777-387478

Annex 2

Participants list for workshop in Vavuniya 31st March 2003

Name Organisation Contact Details Sunanda Deshapriya Centre for Policy Alternatives (CPA) [email protected] 24/2, 28th Lane, 0777-312457 off Flower Road Colombo 7 Sanjana Hattotuwa Centre for Policy Alternatives (CPA) [email protected] 24/2, 28th Lane, 0777-411330 off Flower Road Colombo 7 Asanga Welikala Centre for Policy Alternatives (CPA) [email protected] 24/2, 28th Lane, 071-713081 off Flower Road Colombo 7 P. Manikkavasagam BBC 024-22721

Bandula Seneviratne Dinamina 024-22117

T. Vivegaru MTV. Thinakkural 024-22723

M. Subramanium Sooriyan FM 024-23755

A Subasganan Eelanatham 024-21158

Sanath Priyantha 024-21260 071-357377 K. Raaj Shankar Shakthi TV 024-23731

J. Jude Shakthi TV 023-32696

A.S.M. Javid 023-32565 Sooriyan FM

Wasantha Rajakaruna Lake House 024-22117

A.S.M. Irshad Thinakkaran (lake Hose) 023-32565

Anura Dissanayake Lakbima 024-20131 / 22341

M.C. Vinoda diluwara ITN 024-22272

P. Piyadasa Lake House 025-24357

D. Rathugamage 024-20455

Annex 3

Feedback Form

Dear Sir / Madam,

Thank you for being part of this workshop. Please take a few minutes to complete this form. Your feedback is essential and will help us better organise events on this nature in the future.

1. Your name (optional) ______

2. Organisation ______

3. Designation ______

4. What did you think of the workshop? Very Good Good Average Poor Very Poor

5. What did you like most about the workshop? - Content - Presentation - Background Material - Group Discussions - Advocacy Tools

6. Other comments on the workshop ______

7. Have you attended a workshop of this nature in the past? If so, where? ______

8. What improvements would you like to see? ______

9. What kind of information do you most frequently need access to? ______

10. Why do you need to access this information? ______

11. In what language do you need this information? In what language do you usually get it? ______

12. What problems do you have when you try to access this information? ______

13. How do you think these problems can be addressed? ______

14. Do you think workshops of this nature help address the problems you have outlined above? ______

15. Would you like to be contacted for further workshops of this nature? ______

16. Any other aspects that you would like to point out: ______

17. Your contact details if you wish to be contacted for workshops in the future (please include address, email, telephone, mobile phone, fax etc) ______