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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: 44
November 17, 2007

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For Your Information

International Right to Know Day

Barrister Harun ur Rashid

28th September is the International Right to Know Day and more than 40 countries observed the Day this year to highlight the need for more effective open government information to the public. Right to Know Day celebrates transparency as a fundamental pillar of democracy. The government of the day must need to think the way the public access information held by public bodies for their decisions that affect community.

It is the view of public that Freedom of Information Act must be in place (India has it). The law must reduce of administrative burden on government agencies. It must be also not be narrow in perspective. In the connection, the Law Reform Commission may suggest the legal framework on Freedom of Information for public.

Many suggest the procedure should not be cumbersome and expensive. It may be simple and straightforward. It must be easy and friendly for the public to follow the procedure. There are suggestions that three quick steps may follow:

Step 1: A simple instruction should be issued by the government. Exemption of legitimate secrets will be claimed on the basis of real harm, not far-fetched theoretical threats.

Step 2: There should not be any governmental discretion blocking documents for public scrutiny.

Step 3: There should not be more than two weeks for processing requests by public for information. Staff and technology need to be allocated to deliver quick and reliable information to public and not to make difficult to obtain information at every step of procedure.

A 21st century Freedom of Information Act will make 80 per cent to 90 per cent of government information, not relating to personal information, immediately accessible and searchable. Civil servants would create information in the expectation that it would not only be available to their superiors but to anyone interested in the activities of their ministry/department/directorate.

Freedom of Information and discussions about how to make the bureaucracy more transparent and accountable are red hot issues because lack of information leads to secrecy and corruption. Massive corruption took place in the country among government offices because there is no Freedom of Information Act. When a decision is taken on a matter by any government agency, if it is it aware that the basis of the decisions would be available to public on request under the Freedom of Information Act, government agency will think twice to make unfair or biased decisions.

Secrecy is the root of all corruption in government offices. Public has a right to know how, why and when a decision was made and the process that went through to make that particular decision. All processes leading to decisions must be written and kept in the agency for future reference. Questions in Parliament and journalists' report on decisions may occur after all available government data has been considered.

The parliamentary committee must summon the minister and government officers to explain why the decisions were reached on certain issues. If the committee finds something wrong with the decision, it must advise the parliament and the minister and government officers must be held responsible and action taken.

An effective Freedom of Information law is one of the pillars of democracy and best legacies for any government which pushes such a law in the country. Many people believe that the non-party care-taker government may consider seriously in promulgating an ordinance of the Right to Information by public.

The author is Former Bangladesh Ambassador to the UN, Geneva.

 
 
 


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