Right to information
Saturday, 8 December 2007
A fundamental aspiration of a democratic system, anywhere, ought to be the providing of good governance. But this improved governance is only possible in the context where governmental activities and that of ruling political quarters can be subjected to scrutiny or transparency. This is specially important because in all countries government remains a major spender of public resources and exercises great influence on the lives of people. This holds true for Bangladesh as well.
But the absence of any legal instruments to make the government and ruling parties transparent or oblige them to divulge information to members of the public mean that many activities of civil servants and ruling party bigwigs here remain unknown to the people, the media and others. Had there been free flow of information, that could have piled pressure for the accountability of such activities. Thus, the right to information has a crucial link to attaining good governance in all respects by putting pressure on the government and parties in power to be transparent and hence accountable. It is heartening to know that the incumbent interim government is moving towards promulgating a right to information act. The Chief Adviser clearly stated Wednesday about this development.
The right to information is a United Nations (UN)-sponsored and promoted right. A large number of countries which are members of the UN, have adopted this right either in their constitution or prevalent common laws. Thus, this right is enforceable in varying degrees in those countries. Indeed, the embracing of this right, since it is judged to be the hallmark of a democratic system, lends to a country's special repute in the international community and enhances its attraction in different ways. But Bangladesh nurtures a century-old law, 'the Official Secrets Act', which deprives people of necessary information. A law on right to information has been passed in neighbouring India. The Law Commission in Bangladesh drafted a copy on it in 2002 but the draft paper was not readied for even submission in parliament.
It goes to the credit of this government for reviving the law in draft form and preparing it thoroughly for promulgation. However, the Information and Law Adviser has rightly warned that the future of this vital piece of legislation will depend on how the parliament to be elected in the future decides on it. For this law promulgated by the interim government will have to be approved by the next parliament to become permanent in nature. In the past, interest groups in the political parties and civil services were keen not to allow progress of such a law to be able to hide their corruption and misuse of power. The same groups may play their part to even stall the approval of the right to information ordinance in the next parliament. Thus, the media and civil society must build up a campaign from now to ensure the approval of the law to be promulgated in the coming parliament.
Ironically, in the Bangladesh context, the freedom of the press which is synonymous with the concept of the right to information, came under worse abuses under those who were so vocal about the press gaining its complete freedom during the autocratic governance of the country. Grave disregard for freedom of press under ruling political parties was noted since the decade of the nineties. Bangladesh is expected to move towards full resumption of a democratic and elective order in the coming year. This journey will be meaningful and rewarding in all respects if the right to information act is recognised as a cardinal principle of good governance. All conscious sections of people in the country must remain proactive to absolutely ensure this happening.
But the absence of any legal instruments to make the government and ruling parties transparent or oblige them to divulge information to members of the public mean that many activities of civil servants and ruling party bigwigs here remain unknown to the people, the media and others. Had there been free flow of information, that could have piled pressure for the accountability of such activities. Thus, the right to information has a crucial link to attaining good governance in all respects by putting pressure on the government and parties in power to be transparent and hence accountable. It is heartening to know that the incumbent interim government is moving towards promulgating a right to information act. The Chief Adviser clearly stated Wednesday about this development.
The right to information is a United Nations (UN)-sponsored and promoted right. A large number of countries which are members of the UN, have adopted this right either in their constitution or prevalent common laws. Thus, this right is enforceable in varying degrees in those countries. Indeed, the embracing of this right, since it is judged to be the hallmark of a democratic system, lends to a country's special repute in the international community and enhances its attraction in different ways. But Bangladesh nurtures a century-old law, 'the Official Secrets Act', which deprives people of necessary information. A law on right to information has been passed in neighbouring India. The Law Commission in Bangladesh drafted a copy on it in 2002 but the draft paper was not readied for even submission in parliament.
It goes to the credit of this government for reviving the law in draft form and preparing it thoroughly for promulgation. However, the Information and Law Adviser has rightly warned that the future of this vital piece of legislation will depend on how the parliament to be elected in the future decides on it. For this law promulgated by the interim government will have to be approved by the next parliament to become permanent in nature. In the past, interest groups in the political parties and civil services were keen not to allow progress of such a law to be able to hide their corruption and misuse of power. The same groups may play their part to even stall the approval of the right to information ordinance in the next parliament. Thus, the media and civil society must build up a campaign from now to ensure the approval of the law to be promulgated in the coming parliament.
Ironically, in the Bangladesh context, the freedom of the press which is synonymous with the concept of the right to information, came under worse abuses under those who were so vocal about the press gaining its complete freedom during the autocratic governance of the country. Grave disregard for freedom of press under ruling political parties was noted since the decade of the nineties. Bangladesh is expected to move towards full resumption of a democratic and elective order in the coming year. This journey will be meaningful and rewarding in all respects if the right to information act is recognised as a cardinal principle of good governance. All conscious sections of people in the country must remain proactive to absolutely ensure this happening.