তথ্য অধিকার আইন

Sunday, April 16, 2025

Shamsul Bari and Ruhi Naz

VISUAL: STAR

Since the interim government took office following the July-August uprising in 2024, this column has mainly aimed to draw the attention of our youth to the enormous potential of the Right to Information Act (RTI), 2009 as an instrument to realise their dream of just and equitable governance. However, with the departure of the three information commissioners, the Information Commission of Bangladesh (ICB) virtually became a defunct body. While we await the revival of the commission, we can learn how our neighbours in the region benefit from the law.

A perennial concern of RTI users worldwide is the definition of “public authority.” Public institutions like to avoid being included in this definition so they can refuse to respond to RTI requests. Even the Indian Supreme Court once argued that it fell outside the Indian Right to Information Act, 2005, but had to change its stance due to relentless RTI activism. Our Supreme Court, too, appears to consider itself to be outside the scope of the law as it has not named a designated officer as mandated by our RTI Act 16 years after its adoption.

Last month, the Court of Appeal of Sri Lanka ruled that the Institute of Chartered Accountants of Sri Lanka (ICASL) fell within the country’s Right to Information Act, 2016. This meant that professional bodies performing public functions must respect citizens’ right to access information.

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Sunday, March 16, 2025

Shamsul Bari and Ruhi Naz

Right to Information (RTI) Act in Bangladesh is in danger. We have had no information commissioner to implement the RTI Act for six months. Now, another ominous development looms large—the suspension and likely termination of US government-funded projects in the country following executive orders of US President Donald Trump. RTI projects are included.

However, this allows the nation to reflect on and act upon open governance, the main objective of RTI law. This is of such tremendous national importance that its advancement should not depend upon foreign funding. As the prime movers of the law, citizens of the country have kept it alive since its adoption 16 years ago. Alternative arrangements must be found for them to continue this important task.

Our youth who spearheaded the July 2024 uprising in the country, bringing new hope for the people, can use RTI to further their objectives. The formation of the new National Citizens Party (NCP) by them raises hope. Their commitment to the law may inspire other political parties—which have shown little or no interest so far—to follow suit.

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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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