Bangladesh News

Welcoming the government initiative to enact an ordinance on right to information (RTI), eminent citizens yesterday stressed the need for discussing the matter with political players who will ultimately implement the law.

A roundtable discussion they were addressing yesterday was told that the ordinance is likely to be promulgated within the shortest possible time, possibly in a couple of months, to ensure public access to information for maintaining transparency and accountability in government and non-government levels.

During the daylong discussion on the draft of ‘Right to Information Ordinance 2008′, speakers suggested changes to the draft to make the proposed information commission truly independent, to ensure protection of whistleblowers, to shorten the list of instances when authorities will be exempted from disclosure of information keeping the exemption for national security concerns intact, and to define specifically the term ‘public interest’.

They also underscored wider distribution of the draft and more discussions on it.

The information ministry organised the programme in LGED Bhaban in the capital to get recommendations from the civil society, NGOs, intellectuals, lawyers, journalists, businessmen and other professionals.

The draft of the RTI Ordinance 2008 was prepared by an eight-member committee headed by the joint secretary to the development wing of the information ministry, Kamal Uddin Ahmed, having a representative from Manusher Jonno Foundation (MJF) in it.

The draft has 27 articles including one for formation of an information commission which will be able to fine up to Tk 25,000 and recommend punishments as per the service rules if any quarter fails to provide information to citizens in a stipulated time.

Stressing the need for the law, Dr Kamal Hossain suggested inclusion of people from all strata for having realistic and meaningful discussions in a bid to formulate an accurate law.

“Everyone at the grassroots level should have access to information as it is a fundamental right,” he stressed.

Prof Rehman Sobhan, chairman of the Centre for Policy Dialogue, said political parties should be included in the discussions as they are also the stakeholders who will have to pass the ordinance in the next parliament.

Mahfuz Anam, editor of The Daily Star, also strongly stressed the point adding, “But I don’t accept the notion that we can’t march forward if they don’t give their consent.”

The caretaker government might introduce the ordinance but it will not be in a position to implement it. Those who will come to the next legislature might repeal it if they do not accept it, Prof Rehman Sobhan said.

Former lawmaker of Jatiya Party GM Quader, and MJF Executive Director Shaheen Anam stressed the need for the proposed law’s consistent implementation.

To facilitate the RTI, Prof Rehman strongly emphasised on the need for an administrative reform to ensure transparency in the government, where much of the government information can be made available.

OBLIGATIONS & EXEMPTIONS

Many discussants demanded voluntary disclosure of information so the people will not have to apply for them.

Former minister MK Anwar said, “If the information officer is not ready to give information, let him explain why, because the people’s right to information has been established,” prompting Mahfuz Anam and some other discussants to second him.

Saying that successive governments so far have shown staunch intransigence to disclose information, MK Anwar said the people will end up having only a very little access to information if the list of exemptions is too long.

Article eight of the draft says information related to state security, sovereignty, dignity, foreign policy, defence, relations with foreign countries or foreign organisations, commerce or trade interests, technical scientific interest, income tax, customs and excise duties, monitoring and executive operations of financial organisations, and disclosures counter to public interest will be exempted.

MK Anwar termed unrealistic the expectation that the grassroots people will travel to the capital to lodge complaints with the proposed information commission.

“You either re-draft the exemptions part or totally scrap it,” said Iqbal Sobhan Chowdhury, editor of the Bangladesh Observer.

AP Bureau Chief Farid Hossain wondered how a country’s foreign policy be a matter of secrecy.

National Press Club President Shawkat Mahmud said political parties and voluntary organisations should also be obliged to disclose information to the people.

INFORMATION COMMISSION

According to the draft, the president of the country will appoint a chief information commissioner and two commissioners on recommendations from a search committee, to be headed by a judge of the Appellate Division of the Supreme Court, having the cabinet secretary, and chairmen of the Public Service Commission and University Grants Commission as members.

Several speakers apprehended that the commission’s independence might be hampered due to the budgeting process stipulated in the draft.

Some discussants suggested that the commission should be able to place its budget directly in the parliament, instead of going through any government.

The discussants suggested letting the commission itself decide appointments of its necessary manpower, and to let itself formulate its rules, instead of letting the government have the authority.

Reazuddin Ahmed, editor of the daily News Today, demanded inclusion of media representatives in the commission.

“Why only government officials?” Motiur Rahman Chowdhury, editor of the daily Manabzamin, questioned, proposing inclusion of an editor of a news outlet or the chairman of the press council instead of the UGC chairman or the cabinet secretary, in the search committee.

When advocate Alina Khan suggested forming the information commission with five to seven members, instead of three members as proposed in the draft, to include rights experts and media representatives, AK Mohammad Hossain, a joint secretary to the law ministry, suggested that there might be a provision for 10 to 11 honorary members.

PROVISION FOR THE MEDIA

Saying that 20 days are too long a time for journalists to wait for required information, editors of different national dailies suggested making an arrangement to provide journalists with necessary information on demand.

“There could be a central body for journalists that would provide them with necessary information quickly and help them in confirming those,” Reazuddin Ahmed suggested.

Several discussants demanded repeal of all existing laws obstructing disclosure of information, saying otherwise the RTI law will be toothless.

The Bangladesh Observer editor suggested that government offices should publish annual reports on their rules, regulations, manuals, activities, decisions, and duties of officials and employees, instead of biennial ones as proposed in the draft.

They opined for allowing the people to apply for information without making it compulsory to fill up designated forms.

Shaheen Anam said the grassroots people do not even know about the safety net programmes while Nigar Sultana of ActionAid Bangladesh stressed the need for properly informing the people about their rights.

Head of the draft committee presented key features of the draft in his opening remarks while Transparency International Bangladesh Executive Director Iftekharuzzman moderated the discussion.