তথ্য অধিকার আইন

Sunday, February 16, 2025

Shamsul Bari and Ruhi Naz

Soon after the interim government assumed power six months ago, the three Information Commissioner posts in Bangladesh became vacant. Without the commissioners, the Information Commission itself—the pivot of the Right to Information (RTI) regime—becomes dysfunctional. Citizens seeking information and the authorities providing it find themselves in limbo. In the absence of the Information Commission monitoring their work, government officials feel less inclined to respond to citizens’ information requests, who, in turn, question whether it is worth pursuing a request. As a result, the entire RTI Act withers, along with the concept of citizens’ right to monitor the government’s work to improve governance. This development contradicts the aspirations of the country’s youth, who helped bring the interim government to power.

To obtain a clearer picture of the ground realities, we consulted different groups in the country engaged in promoting and using the RTI Act. Though not a scientific method, the process confirmed our fears. The following are some of our findings, albeit anecdotal.

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January 15, 2025

Shamsul Bari and Ruhi Naz

More than five months after the interim government took office in Bangladesh, our  youth who spearheaded this change appear to have not yet discovered the country’s Right to Information (RTI) Act, the only instrument available to citizens to probe the work of government offices. Yet, this is a readily available tool for them to create the changes in governance that they wish to see.

NGOs and activists still promoting the RTI law, however, tell us there have been recent indications of interest among youths in exercising the law. For this budding
interest to turn into action, more of them must come forward, and the vacant information commissioner posts must be filled. Here are some examples to help our
youth understand the importance of the RTI law.

The first example, dating back to 2010, relates to one of the earliest RTI requests in the country. It was submitted by the Bangladesh Environmental Law Association
(BELA), of which Syeda Rizwana Hasan, an adviser to the interim government, was the executive director. Information was sought from Rajdhani Unnayan Kartripakkha (RAJUK), the city development authority, on the construction of a high-rise building on Hatirjheel Lake in Dhaka, known as the BGMEA Tower

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December 15, 2024

Shamsul Bari and Ruhi Naz

Over one hundred days have passed since an interim government took over the reins of power in Bangladesh, promising a more just, democratic, law-based, and discrimination-free society. Fulfilling such expectations is not easy, as the transition from the violent overthrow of the previous regime is challenging and time-consuming. The new government soon recognised that a priority area for its attention would be governance and restoring governmental authority to ensure a smooth transition.

The Right to Information (RTI) Act 2009 has rich potential to contribute to good governance at this critical moment in our history. There can be no better law to promote a collaborative interaction between public authorities and citizens for transparent and accountable governance. But it needs guiding hands.

Like many other institutions of governance in the country, the RTI regime was disrupted in the aftermath of the July-August mass uprising. Following the spate of resignations or forcible removal of high officials of key public bodies, the country’s three information commissioners also had to go. The Bangladesh RTI Commission was thus left rudderless and remains so till date. This must end quickly as citizens’ role in utilising the law to monitor the work of all public bodies is crucial at this critical juncture of the nation. The Information Commission must be reconstituted as a matter of priority.  Read more

Friday, November 15, 2024

Shamsul Bari and Ruhi Naz

Since the interim government of Bangladesh assumed power in August 2024, we have
been advocating for the immense potential of the Right to Information Act (RTI) 2009
in promoting transparent and accountable governance. In today’s column, we highlight
a crucial principle of transparency currently missing from our RTI Act but deserving
inclusion: the “public interest override.” The principle has been incorporated into the
laws of many liberal democracies worldwide, making it a part of a larger global
movement.
International standards for transparent governance, which have evolved since the end
of the Second World War, advocate for the “principle of maximum disclosure” as the
ideal for all RTI laws. It asserts that, as a general rule, citizens have the right to access
all information held by the government, with very few exceptions. These exceptions
should be as narrow as possible and aimed solely at protecting the state’s legitimate
interests. In other words, public interest should be the yardstick when balancing
citizens’ right to information concerning governance and the state’s legitimate need to
safeguard certain sensitive information. Read more