EDITORIAL

Right To Information Act 2009

M S Siddiqui

A citizen of a free and democratic country has the right to have access to information and
know everything happening around him. It is a fundamental right of every citizen as
enshrined in the UN resolution in its very first session in 1946, stating that 'Freedom of
information is a fundamental human right.'

It is interesting to note that the right to information laws existed about 200 years before
the UN resolution was adopted. Sweden passed its Freedom of the Press Act in 1766.

Access to information is a basic democratic right. The access to information or freedom

of expression is the precondition to fulfillment of all other rights in a democratic society.

The developing countries are lagging behind in this respect. There is pressure from media
and civil society groups, both domestic and international, for greater access to
government information. International bodies, donors such as World Bank, International
Monetary Fund etc. are promoting such laws in developing countries and have drafted
guidelines or model legislation to promote freedom of information. This is an effort on
their part to increase government transparency and reduce corruption. Transparency
challenges corruption and creates opportunities for the poor and neglected people.

The International Convention on Civil & Political Rights (ICCPR) adopted and opened
for signature, ratification and accession by UN General Assembly resolution 2200A
(XXI) of 16 December 1966 and became effective on 23rd March 1976, in accordance
with Article 49. As per article 19 (2) "Everyone shall have the right to freedom of
expression; this right shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art, or through any other media of his choice." Bangladesh ratified the convention in
2000 and was pledged bound to guaranteeaccess to information to all its citizens.
Article seven of the Bangladesh constitution guarantees basic human rights including
access to information. There was however no progress until a draft law was prepared in
2002 and it was promulgated by the past caretaker government in 2008. However, the
present government finally passed the Right to Information Act 2009.

The RTI is expected to create a more open and democratic society. Information can
empower poor communities. The easy access to information can create awareness about
peoples' rights and responsibilities of government. Citizens can take part in development
projects upon information and shall have the due share and also can ensure balanced
development of different regions, and also work for equality among man and woman,
rich and poor, people in power and in opposition. People can know about the utilisation
of their tax money paid to the government exchequer.

The RTI Act 2009 in Bangladesh has some unique features to guarantee the right of the
citizen. As per article 9 of the act, no request shall be summarily rejected on the ground
of national security, but if there is any part of the request that is not related to national
security it must be disclosed to the citizen who has sought such information. The Act has
superseded all prevailing acts including the official Secrecy Act 1923, meaning there is
no restriction on free flow of information. Some of the information like life, death, arrest,
confinement or release by law enforcing agencies etc. must be disclosed within 24 hours
of request by any citizen.

The Government Service Rules 1979 has specified that disclosers of departmental
information would be punished but the RTI act exempted them of any punishment. The
service rule may be amended to match the RTI act to make the process smooth.

The right to information shall ensure transparency and accountability in all public,
autonomous and statutory organisations. It is expedient and necessary to make provisions
for ensuring transparency and accountability.

Meanwhile, a right of information commission has been formed, a few government

departments have assigned an official in their office to attend the request of citizens. But
the commission is yet to have enough manpower and administrative structure to start
functioning properly.

The most important part of the efforts is to make the vulnerable section informed of their
rights and privileges under this act. Unfortunately, the citizens are not aware of this act or
any commission formed under this act.

Workshops should be organised for the public officials, civil society members, human
rights activists, journalists and lawyers to facilitate better understanding of RTI Act.
There may be a coordination of activities between Ombudsman, Anti corruption
commission and Commission for RTI for effective application of RTI act.

The 'Right To Information Act' should be widely discussed in all forums and media. The
civil society may take a lead role to make it known to all citizens of the country.

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The writer is part-time teacher, Leading University. He can be reached at e-mail:

shah@banglachemical.com