Transparency International Sri Lanka Expresses Deep Concern Over Delay in Appointment of Right to Information Commission Chairperson

12-Jul-2025
.

Transparency International Sri Lanka has expressed its deep concern regarding the prolonged delay in appointing a chairperson to the Right to Information Commission.

As of July 9, 2025, the Commission still does not have a formally appointed Chair. This position has remained vacant since the retirement of former Supreme Court Justice Upali Abeyratne in March 2025.

Given the critical role of the Chair in the Commission’s operations and in protecting the public’s right to information, civil society and media organizations have repeatedly called for the appointment to be expedited. The ongoing, unexplained delay is generating legitimate suspicions.

The Right to Information Act emphasizes that the Commission must consist of five members representing diverse perspectives and expertise to ensure effective performance. Therefore, having all positions, including the Chair, filled is essential.

The Commission holds wide-ranging powers and responsibilities in the anti-corruption landscape, including:
Hearing appeals,
Investigating alleged offences and instituting legal proceedings,
Issuing guidance on record management and proactive disclosure,
Monitoring enforcement of the Act,
Recommending reforms,
Raising public awareness.

At present, the Commission comprises, Attorney Kishali Pinto-Jayawardena, Attorney Jagath Liyanarachchi, A.M. Nahiya, retired Court of Appeal Justice D.N. Samarakoon (appointed in May 2025). Thus, four out of the five seats are filled.

The reasons for this delay have not been made public. Transparency International emphasizes that in accordance with Section 12(2) of the Act, the Constitutional Council must recommend candidates to the President, including persons of distinguished public standing, proven expertise, and integrity.

Transparency calls upon the President and the Constitutional Council to demonstrate genuine commitment to anti-corruption by appointing the Chair without further delay.

Most importantly, it must be ensured that the appointee is a person who, as required by law, has distinguished themselves in public life and possesses unquestioned knowledge and experience in the relevant fields. Any compromise in the quality and integrity of this appointment could severely undermine the meaningful implementation of the Right to Information Act, Transparency International has cautioned.