Right To Information Act 2009
Tuesday, 27 April 2010
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 guarantee access 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.
.................................................
The writer is part-time teacher, Leading University. He can be reached at e-mail: shah@banglachemical.com
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 guarantee access 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.
.................................................
The writer is part-time teacher, Leading University. He can be reached at e-mail: shah@banglachemical.com