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Law drafted for access to information


Posted on Thursday, May 15th, 2008 at 1:48 am
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The caretaker government has moved to ensure that people get information about functioning of local government bodies as part of efforts to establish accountability and transparency in their activities.

The LGRD ministry has drafted laws on different local government bodies incorporating provisions for people’s access to information, and punishment for refusal to give information, sources said.

The council of advisers to the caretaker government has already finalised two draft ordinances on city corporations and municipalities which contain provisions allowing citizens to have information on them.

In the proposed ordinances on zila, upazila and union parishads, the LGRD ministry has incorporated a similar chapter titled ‘right to information’, detailing the procedure to get information, sources in the ministry said.

The proposed ordinances say any citizen of Bangladesh has the right to get information on any local government units through a prescribed procedure.

But the citizens will not have access to any information contained in notified records or documents, and the authorities can refuse to accept any applications seeking such information.

In such cases, the government through gazette notifications can classify these records and documents as notified ones in the interests of all concerned.

“A local government unit can ignore any demands for getting information contained in notified records or documents,” one source said quoting the relevant provisions.

According to the proposed laws, the government can direct any local government institution to prepare a list of information to be made available to people.

The draft ordinances say, “Officials concerned in city corporations will be bound to give information within the specified time, excepting that contained in classified records or documents.”

If a citizen’s application for information is not accepted, he or she will be informed of the reasons in writing.

If any officials concerned fail to give information within the specified timeline, they will be fined Tk 50 per day for delay. If an official refuses to give information or willingly gives false information, he or she will be fined at least Tk 1,000, and the money will be deposited as funds for the local government unit concerned.

Government policymakers believe that once people’s right to such information is ensured, it would also pave the way for their involvement in the functioning of local government units.

Meanwhile, civil society and professional bodies and non-government organisations have been demanding such laws to effectively combat corruption at various levels. But successive governments ignored this.

Against this backdrop, a high-powered committee on strengthening local governments, headed by Health Adviser Dr AMM Shawkat Ali, in its report to Chief Adviser Fakhruddin Ahmed in November last year proposed allowing citizens to have information on local government bodies.

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