Sri Lanka's draft Law on Rights of Persons with Disabilities released under RTI

On Tuesday 27th February, the Right to Information Commission ordered the release of the most recent draft law on the rights of persons with disabilities. The Ministry of Social Empowerment agreed to make available the draft law in Sinhala, Tamil and English. 

This order was made after a right to information application was made by the International Centre for Ethnic Studies (ICES), through its Executive Director, Mario Gomez, seeking disclosure of the draft law.

The RTI Commission observed that in many countries in the region as well as globally, draft laws are required to be presented before the public in advance and before the Bill is gazetted, in order to obtain public feedback on its contents which is a beneficial process leading to public consensus around the framing of legislation.

While the draft law on the Rights of Persons with Disabilities may be subject to subsequent amendments, the Ministry is bound to provide a copy of the draft in its current state and there is no requirement to wait until the draft legislation is gazetted.

The Commission directed the Ministry to provide a copy of Sri Lanka’s draft law on the Rights of Persons with Disabilities (in Sinhala, Tamil and English) by 16th March 2018.

In July 2017 ICES filed a right to information request with the Ministry of Social Empowerment seeking release of the most recent draft of the law on persons with disabilities. The request was refused and ICES filed ?an appeal first with the designated officer at the Ministry, and then with the RTI Commission.

A new law on the rights of persons with disabilities has been in the making for several years. Several committees of experts have made proposals over a ten-year period. The draft is yet to be presented before Cabinet. In its request, ICES requested the most recent draft and sought information on when the law would be placed before Cabinet for approval.

For many years, disability groups and advocates have been calling for a new law based on the Convention on the Rights of Persons with Disabilities and for an independent commission to realize disability rights. The Sri Lankan government ratified the Convention on the Rights of Persons with Disabilities in February 2016 and is due to submit its first report in 2018.

- The Island