Bhathiya Barukanda
As of July 9, 2025, Sri Lanka’s Right to Information (RTI) remains without a duly appointed Chairperson. The seat has been vacant since the resignation of retired Supreme Court Justice Upaly Abeyrathne in March 2025. The undue delay in the appointment, despite calls by concerned stakeholders, including civil society and media, to expedite the appointment process in view of the significant role played by the Chairperson in ensuring the effective operation of the Commission and safeguarding people’s right to information, raises legitimate concerns.
The RTI Act mandates that the Commission consists of five Commissioners to function at its optimum efficiency, representing a rich diversity and expertise in opinion. It is, therefore, imperative that the Commission have its full membership, including the significant role played by the Chairperson. The Commission is arguably one of the most important independent public institutions in the anti-corruption eco-system with extensive powers and duties including the hearing matters on appeal, investigating and prosecuting alleged offences, issuing guidelines on record management and proactive disclosure, monitoring the implementation of the law and making recommendations for reform, and committed to awareness-raising.
At present, the Commission consists of Attorney-at-Law Kishali Pinto-Jayawardena, Attorney-at-Law Jagath Liyanarachchi, A.M. Nahiya and retired Appeal Court Justice D.N. Samarakoon, the newly appointed Commissioner as of May 2025, bringing the Commission up to four out of five members.
While the reasons for the delay are publicly unknown, in the event the Chairperson is to be the remaining appointee to the Commission, TISL urges the Constitutional Council to ensure as mandated by Section 12(2) of the Act in making its recommendations to the President, that persons who have inter alia, distinguished themselves in public life is recommended. It is imperative that, keeping with the spirit of the law, individuals with recognition and respect through their actions, contributions or service, in roles that are visible and impactful to the broader society are recommended by the Constitutional Council.
TISL notes with concern that the perceived prevailing pattern in recent government appointments spanning across ministerial, administrative and state-owned enterprise positions reflects a mix of political loyalty, allyship and external interests, which often come at the expense of meritocracy, transparency and public trust. These seeming conflicts of interest trends highlight the need for robust conflict-of-interest safeguards and a reinforced commitment to good governance practices. Such patterns could erode public trust in the government’s ability to deliver promises of integrity and accountability. Thus, when recommending a distinguished individual for the RTI Commission, especially the position of Chairperson, actions and services in the public interest, integrity, transparency, and justice are of utmost importance.
The RTI Commission’s ability to effectively perform its mandate and operate smoothly is significantly compromised in the absence of a Chairperson. The continued functioning of the Commission is an essential safeguard for the constitutionally guaranteed right to information of the people.
TISL calls on the President and the Constitutional Council to expedite the appointment of the Chairperson to the Commission without further delay, showcasing a genuine commitment to anti-corruption in Sri Lanka. Importantly, ensuring that the appointee is an individual distinguished themselves in public life, possessing proven knowledge, experience, and unquestionable eminence in the relevant fields, as mandated by the RTI Act. Compromising the calibre and integrity of this appointment could lead to serious implications for the meaningful implementation of the RTI law.
