Carrying forward the RTI

Sanjida Sobhan

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BY enacting the RTI law, the government has demonstrated its seriousness to promote peoples access to information. The government has also shown their commitment for enhancing democratic engagement, building confidence in government institutions and strengthening their credibility and effectiveness.

The essence of this Act derives from the Constitution, which implicitly recognises the right to access to information. Article 39 of our constitution articulates freedom of thought, conscience, speech and the freedom of press. This includes freedom to hold opinions and to receive and impart information and ideas without interference of information holders and regardless of frontiers. The principal spirit of this Act is to promote environment for free flow of information.

Only passing the Act can be meaningless if it is not used and implemented properly. A practical guidance note on Right to Information published by UNDP (Bureau for development policy, July 2004) refers that any Act on access to information gains its effectiveness only if the modalities by which it is to be exercised are set out clearly in the legislation and also by making it obligatory. In this regard an independent body should be made responsible to oversight the effective implementation of the Right to Information law.

The same guidance note emphasised, an ideal law must allow individuals to lodge complaint to an independent administrative body. To give remedy to information seekers from denial of information, an institution should be there which need to meet certain standards. It should have certain powers including financial to work independently to act as the first port of call for those whose information requests and appeals are denied.

It further says that such an office could be given a wide variety of authorities. In the first place it should be able to hear complaints against refusals to release information. It should have the power backed by law to demand the release of the information if the appeal is upheld. Its scope of activities may include investigating problems in the release of information. It should also be allowed to make recommendations as to how it might improve its procedure in discharging information and suggest any modification of the law in case it is felt to make it more effective.

In the act, mentioned above, efforts have been made to meet almost all the said requisites. In its preamble the law refers that "The freedom of thought, conscience and speech is recognised in the Constitution as a fundamental right and the right to information is an alienable part of it. Since all powers of the Republic belong to the people, it is necessary to ensure right to information for their empowerment." The Act itself has articulately defined authority's duty to provide, preserve, manage and maintain information According to the Right to Information (RTI) Act 2009.

It has defined "authority" as government and other institutions using public funds and referred that authority shall have to provide people with necessary information within 20 days from applying for it. In exceptional cases like say in case the information concerns life or death of a person then it must be given within 24 hours from receiving the request.

If any official refuses to provide information, anybody can file appeals with the administrative head of its immediate superior office. In case it does not have a superior office, then the appellate authority is the administrative head of that particular unit. A distressed person who fails to receive information can file complaint to the Information Commission if she/he is refused information from duty authority.

In Bangladesh, a three-member information commission under Article 15(1) of the Act has been formed. The Act refers that the Commission shall be an independent statutory body. The Information Commission has certain duties and responsibilities as mentioned in the Act.

Right to Information Act 2009 has made it obligatory for all "authority" as defined above, to follow the guidelines and directives as given by the Information Commission for the maintenance and management of information. According to the Act each authority shall prepare and publish a list of information that will be given free of cost based on the directives of the Information Commission (Section 8 (6)). Section 6 (8) has given power to Information Commission to develop guidelines and directives through regulations to be followed by the authorities to publish, disseminate and obtain information.

Each authority shall inform the Information Commission, the names, designations, addresses and where applicable the fax numbers and e-mail addresses of the Responsible Officers within 15 days from the date of appointment.

Other major functions of the Information Commission is to identify the impediments against the preservation and implementation of citizen's right to information and recommend appropriate solutions to the Government; Conduct research on preservation and implementation of right to information and provide support to educational and professional institutions for their implementation;

The Commission shall organise seminars, symposium, workshops and similar other measures to increase people's awareness on right to information and to disseminate the research findings. The Commission shall generate and increase awareness about the right to information amongst different sections of society through dissemination and publication of information and other method; establish a web-portal for Bangladesh to ensure the right to information; oversee the systems set up under any other law on right to information. It shows that the IC has given enough responsibilities and authority to perform independently in its monitoring poll.

Till December 2009, The Information Commission has conducted orientation seminars in 18 district towns to promote and building knowledge on RTI Act. Organogram of IC has been approved and the Commission has set up its office at Agargaon recently. A regulation is in the process of preparation.

In short, the authority and the functioning of the Information Commission type institutions of few other countries are given below to have an idea for comparison.

In India, The Right to Information was approved by the Parliament in May 2005. The entire Act came into force in October 2005. Under this Act an internal appeal can be made against decisions to a nominated person who is senior in rank to the Public Information Officer (PIO).

A second appeal can be made to Information Commissions at the Central and State levels or alternatively, a complaint can be made directly to these Commissions. Central and State level Information Commissions have a broad remit to hear cases related to any matter relating to access to information under the Act. One of the major responsibilities/functions of the commission is to receive and handle complaints from any person who is refused from receiving information. The Commission also has investigative powers and it can make binding decisions. Central Information Commission, in India, can make any order necessary to ensure compliance with the Act. Commission has the power to impose requirement of publishing information, making of annual reports and make changes to record management, and can also order compensation and impose penalties to any public authority.

In Canada, the Information Commissioner investigates complaints from people who have been denied rights under the Access to Information Act. According to the Canada's freedom of information legislation, an independent ombudsman -- the Information Commissioner appointed by Parliament, has strong investigative powers and mediates between dissatisfied applicants and government institutions. As an ombudsman, the commissioner relies on persuasion to solve disputes, asking for a Federal Court review only if an individual has been improperly denied access and a negotiated solution has proved impossible.

To conclude it may be said, awareness building is one of the important tasks for Information commission (IC). IC may undertake promotional and publicity activities among different stakeholders on RTI act. In this regard IC may use BTV considering its wide coverage and may also use different communication strategies.

But, it is the top most priority now for the IC to ensure capacity building and development of proper system for all the authorities to be effective at the earliest. IC has been given the responsibility and adequate authority to oversee other institutions to be functional in providing information whether asked or voluntarily. All the authorities should be made ready for providing information by prompt capacity building and system development before people become aware of what to expect and start asking for information. Otherwise, IC would be bogged down with too many complaints and people would fail to reap benefit of the act. Moving forward with the effective implementation of RTI Act and balancing between awareness creation and institutional capacity building keeping the latter a step ahead is the challenge at the moment.

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The writer is Program Coordinator and Focal Point for Right to Information, Manusher Jonno Foundation.

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