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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 21
May 26, 2007

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Rights Monitor

Official Secrets Act deprives people of information

Taslima Khatun

In an age of globalisation when every country should have information act, Bangladesh nurtures a century-old law, 'the Official Secrets Act', which deprives people of necessary information.

"I had gone to the Ministry of Defence to collect information about an F-7 warplane that the Bangladesh government bought at the end of 2004. But the officials concerned refused to give me the information I sought," says Daily Prothom Alo Chief Reporter Pranab Saha. There is nothing unique in Saha's case. This happens to almost every reporter who wants to dig out dubious matters. Farida Yasmin, a reporter of the Daily Ittefaq, went to Cox's Bazar Rohingya refugee camp in 2005 to gather information on refugees. But, officials denied her to give information saying that there are restrictions from the ministry concerned on divulging information about the refugees.

In Bangladesh, journalists are denied information by officials and the blame goes to the Official Secrets Act. Not only the government offices but also the private organisations resort to delaying tactics in providing information.

According to both Saha and Yasmin, government officials are found reluctant to provide information even about a simple matter. “We're not bound to give you any information as per the Official Secrets Act,” says an official when asked about their reluctance to provide information.

The then British government had formulated the Act in 1923 so that defence and military information could not reach the opponents. The British rule in this subcontinent came to an end in 1947, but the law is still there. "Journalists are denied general information in the name of the Official Secrets Act. Besides, it's not clearly mentioned which information can be disclosed and which ones are not. In most cases, government officials take advantage of the law even when journalists seek simple information," says Prof Dr Shakhawat Ali Khan, former Chairman of Mass Communication and Journalism Department of Dhaka University.

The United Nations Human Rights Charter-1948 reaffirms the rights to freedom of opinion and expression. Everyone has the rights to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers, says article 19 of the UN Charter.

Bangladesh is a signatory to the Charter. Besides, the country has also ratified an International Treaty 1966 on "Citizens and Political Rights" on September 6, 2000. According to the agreement, the government is bound to keep open all information for people. But the old practice of hiding information is still going on. "If journalists want to perform their duty properly, then there should be no obstacle to their job. Journalists worked amid strict censorship during military regimes in the past. They never compromised with them under any threat or pressure. Now reporters cannot always collect all information due to faulty data storage system and lack of accountability of the government officials," says senior journalist and daily Amar Desh Advisory Editor Ataus Samad.

Another veteran journalist Fazlul Karim says every citizen has the right to have information. There is no harm in providing the information journalists want for their professional purposes. It's rather good for the country. "There is no information act that can ensure journalists rights to information. There is always a tendency in the ruling quarter to keep people away from information. But the free flow of information is necessary for social change," says Karim.

However, Daily Manavjamin Editor Motiur Rahman Chowdhury says there has been a dramatic progress in the country -- both electronic and print media are now enjoying a better freedom than ever before. "In most cases, self-censorship remains to be a barrier to free flow information. So, there should be an information act replacing the Official Secrets Act," he says.

A law on right to information has been passed in neighbouring India. The Law Commission in Bangladesh has drafted a copy on it in 2002 but the draft paper is yet to see the light. Journalist Ataus Samad, however, says only repealing the Official Secrets Act may not bring any positive result because journalists will also have to improve the standard of their work. "Another barrier is overemphasis on ads - both in the print and electronic media. Besides, newspapers sometimes publish imaginary stories, particularly during political turmoil what we saw during the current state of emergency. This harms the credibility of the newspapers.”

He also feels an effective law should be there that can make sure journalists are getting their information. "A concerted effort is needed to ensure journalists' rights to information. It'll be easier to establish good governance if the free flow of information can be ensured," says Pranab Saha. Pranad echoes the sentiment of the journalist community.

Source: News Network.

 
 
 


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