This year's International Day for Universal Access to Information (IDUAI) dawned at a grim moment for Bangladesh. It, however, helped to open many windows.
The Information Commission-the very body entrusted since 2010 with upholding citizens' access to public information-has been essentially inactive for over a year. One may recall that all three Information Commissioners resigned in the aftermath of the 2024 July uprising and the assumption of power by the Interim Government. Since then, despite petitions, protests, and even a High Court ruling the void has persisted. The Ministry of Information and Broadcasting has also been unable to reconstitute the commission by issuing any gazette notification as promised.
We need to understand that the Right to Information Act, 2009 was not just another law. Unlike most legislation, which normally enlarges the authority of the State, this Act empowered the citizens. It switched the balance of power by making it compulsory for public offices to disclose information long hidden from view. In doing so, it offered transparency where opacity was the norm.
The Act was consistent with the denotations that demanded transparency, justice, and citizen's participation in the governance process. A functioning RTI regime could serve those aims directly, providing people with a legal mechanism to ask questions, pursue accountability, and expose malpractice. The IDUAI from that point of view helps to remind citizens all over the world the need to strengthen the system that connects citizens to the State.
When the RTI Act was adopted 16 years ago, it was hailed as a landmark in Bangladesh's democratic journey. Rooted in the principle that power belongs to the people, it granted citizens the right to know how they are governed and to demand answers from those in office. As a former Chief Information Commissioner from 2010 to September 2012 (till my retirement) my attention has been drawn many times to the fact that requests for information go unanswered, appeals descend into a void, and the Law itself has been rendered empty. This can only be termed as not an accident of bureaucracy, but a form of premeditated disregard. It goes without saying that the costs of such neglect are borne by ordinary people.
We must remember that when people cannot access information, they have severe difficulty in defending their basic rights. Such a scenario leads to fundamental services becoming uncertain, corruption persisting, and injustice proliferating. The consequent damage is not only individual but collective. Such a scenario has led some analysts to note that in the absence of facts, rumour replaces knowledge, mistrust deepens, and accountability vanishes. The consequence of such a paradigm tends to cast long shadows on the poor, women, minorities, and rural communities. And yet, there was a time when it worked.
In this context one is reminded of how the farmers tried to and also used the RTI to fight land grabbing. Students invoked it to secure scholarships. Communities demanded clarity in the delivery of services. Such a situation proved quite often the law's potential.
On the other hand in the contemporary scene, an inactive Information Commission tends to initiate a feeling among some that malpractice will remain unchallenged. This in turn weakens democracy and accountability as well as culpability. Such a situation persuades many to note that Media and civil society must be free to demand transparency without reprisals. Citizens must also be encouraged-and trained-to wield RTI as the tool it was meant to be. The Right to Information is more than the right to know. It is the right to justice.
In this context one needs to thank our two analysts Dr, Shamsul Bari and Ruhi Naz for their underlining of the different connotations related to the use and exercise of the Right to Information Act.
In a similar vein one also needs to refer to the latest observations made with regard to the exercise of the RTI Act on the occasion of International Day for Universal Access to Information. TIB Executive Director Dr Iftekharuzzaman of Transparency International Bangladesh has underlined the need for making the Information Commission functional.
The anti-corruption watchdog urged the appointment of qualified individuals, free of conflicts of interest, as Commissioners through a transparent process. At the same time, TIB has called for necessary amendments to the Right to Information (RTI) Act 2009 and comprehensive reforms to transform the Information Commission into an effective and independent institution. He has further noted that even when citizens file RTI applications, in the absence of an active Commission, complaints remain unheard and unresolved.
He has also observed that "training for information officers and other RTI-related activities is moving at a sluggish pace. As a result, the free flow of information in state institutions is not ensured, while secrecy and reluctance to proactively disclose information continue across government offices. Although the RTI Act was passed and the Information Commission established as a statutory independent body, the law was never effectively implemented. On one hand, there was no coordinated initiative between government and non-government actors. Consequently, the Commission failed to play an effective role. As a result, the Act has not set any notable precedent for promoting transparency and accountability in public service institutions or beyond."
TIB proposed a number of reforms in this regard, which include bringing political parties and privately owned institutions under the RTI Act; requiring parties to disclose detailed accounts of their income and expenditures, with the Election Commission publishing this information proactively and on time; and abolishing surveillance mechanisms imposed on citizens through the misuse of repressive laws, among others.
An important attribute of the RTI Act is fostering interaction between citizens and public officials. By seeking pertinent information from public offices, citizens establish contact with the officials and simultaneously remind them that they are under public scrutiny. Such interaction was impossible under the Official Secrets Act, 1923, a remnant of colonial times, which prevailed before the enactment of the RTI Act.
As a result many described RTI as " the sunshine law", meant to shine light on a government's activities. The RTI Act, 2009 provides a legal framework for all citizens to access relevant information from government offices relating to their responsibilities. The idea is that by doing so, they can assess if the offices concerned are performing their duties under the laws of the land. The Preamble to the act proclaims that by applying the law, "transparency and accountability of all public ... institutions ... shall increase, corruption of the same shall decrease and good governance of the same shall be established."
Unlike most other laws, the RTI Act also requires all public offices to promptly respond to citizens' information requests and, where delinquent, face sanctions. This is a powerful way to hold public officials accountable and make them responsive to the people. It was a step towards establishing transparent and accountable governance, the two most essential elements of democracy. While this law established a right, it also laid the responsibility on citizens to hold their government accountable.
Unfortunately, an irate RTI user has now noted that "we are faced with a dismal situation. We file RTI requests, but Designated Officers (DOs) do not bother to respond because they do not care about compliance. One reason is that they know there are no Information Commissioners at the moment, so the likelihood of them imposing fines or recommending departmental action does not exist. This gives the DOs enough leeway to get away without compliance. As a result, a backlog of pending cases with the commission, applications and appeals pile up without resolution, discouraging citizens from filing RTI requests."
There has also been focus in recent days on the need to revive and reform the National Human Rights Commission (NHRC) to protect human rights within Bangladesh. It has been observed that until the NHRC, the country's top rights supervisory body that has been inactive for nearly a year, is revived and reformed, rights violations will continue unchecked. Referring to this aspect Dr. Iftekharuzzaman has correctly noted that the government must explain why the NHRC has remained dormant, with no Chairperson or Members, and has described the situation as "embarrassing" for the authorities. He added that "national security cannot be ensured without guaranteeing people's rights." It was also underlined that there was need for clear eligibility criteria for appointing the Chairperson and Members.
Noted economist Debapriya Bhattacharya, Convener of the Citizen's Platform for SDGs has also noted that past experience has shown that the NHRC Chair must not only be honest and virtuous but also courageous enough to stand up to the powerful. He added that "the Commission in the past had neither claws nor teeth. As a result, it could not bite. We do not want such a Commission again,"
Barrister Sara Hossain, Executive Director of Bangladesh Legal Aid and Services Trust has also observed that previous Commissions had some achievements but ignored serious issues such as enforced disappearances and extra-judicial killings. She said a new Commission has become necessary amid rising rights violations, with "mob violence" now frequent.
Shaheen Anam, Executive Director of Manusher Jonno Foundation, has also pointed out that hundreds of people have been jailed without bail while extortion remains rampant. "Yet there is silence on these issues in the absence of the Commission." She added that the NHRC cannot function effectively if the government itself gets involved in serious rights violations.
One can only hope that the observations will be treated with care and that there will be a determined effort to move forward together.
Muhammad Zamir, a former Ambassador is an analyst specialised in foreign affairs, right to information and good governance.
muhammadzamir0@gmail.com
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