Access to information (A2I) has now gained momentum as buzz phrase in today’s knowledge based world resonating with holistic call for meaningful democracy amid transparency and accountability. The notion of freedom of thought, conscience, and speech along with the concept of rule of law turns worthless in absence of A2I. The proper nourishment and nurturing of the A2I is a sine qua non for a country determined to thrive with good governance securing social justice.
Bangladesh is not lagging behind in respect of law with the ample provision of A2I rather striving to implement it through a comprehensive approach but struggling in different steps involving a multi-stakeholder challenge. However, the usage of technology in disseminating information with a view to building knowledge based society will be a dream comes true if the developing country with huge potentials engage in good governance with the spirit of its hard earned principles of independence.
Right to information (RTI) is a globally recognized right in a bid to empower people’s participation in government’s activities leading to stay away from the laissez-fare approach of governance. Over 80 countries in the world representing nearly five billion people have now adopted RTI laws but some of them earned reputation for successful enforcement while many failed to keep pace in term of adept implementation leaving further scope to learn from mistakes. Now, over 70 countries recognized right to information as a constitutional right.
Historically, the RTI was first recognized in Finland and Sweden under the Access to Public Records Act of 1766 when Finland was a territory governed by Sweden. Finland was the first to adopt modern legislation in 1951 while America enacted the Freedom of Information Act in 1966. The history of RTI law in South Asia is of recent origin. Pakistan is ahead of its enactment in 2002 but India is well ahead in partial enforcement after enactment in 2005. Bangladesh that made RTI law in 2009 is ahead in terms of enforcement than Nepal that passed the similar law in 2007.
The enactment of the Right to Information Act (RTIA), 2009, sensing its far reaching value is an epoch-making incident in the history of participatory legislation in the country. The Constitution of Bangladesh, 1972 does not have any special provision for right to information except some integrated and implicit recognition of the RTI under articles 7, 11 and 39 backed up by Preamble as the guiding star of the Constitution.
Bangladesh being a ratifying member country of international human rights instruments such as the ICCPR, CEDAW, UNCRC, and UNCAC is obliged to enact RTI law even earlier than 2009 as per its commitment. Article 19 of the UDHR persuades all 9 core subsequent human rights documents to generate RTI provisions directly or indirectly. Notably Bangladesh is a party to 8 out of core 9 instruments necessitating RTI law to ensure A2I like other ratifying countries. The regime of A2I got stronger shape in the developed countries after 1990s and in South Asia after 2000s.
In fact, the core object of the RTIA of 2009 as enshrined in its Preamble stating "all powers in the republic belong to the people, and to ensure the empowerment of the people it is imperative to implement RTI Act." This progressive law also proclaims that "the right to information ensures transparency and accountability within all public, autonomous, statutory, and private bodies constituted or run by the government or foreign financing.” The ultimate aim is to root out corruption, ensuring good governance in our democratic society leading to thrive from the surviving status.
In some Afro-Asian, Arab, North American and almost in all European countries especially in Nordic countries success coincides with people participation in government functions deeming A2I as a tool for good governance coruscating the philosophy of welfare government. Sweden, Finland and Norway are now imitable examples of zero corruption countries because of systemic excellence through utilization of the deontological values of A2I. In these countries with access to authentic information has been a basis for strengthening relations between governments and citizenry.
Access to information is not a panacea rather can be a streamliner in shaping the culture of openness in lieu of the culture of secrecy. The remarkable success of Bangladesh in diverge aspects such as poverty alleviation, access to education, gender equality and women empowerment has made the country a role model for other developing countries in attaining the ordained pledge of the Millennium Development Goals (MDGs). The radiant commitment and indomitable spirit expedited the country to realize some of the MDGs motivating the young nation to replicate burgeoning success in attaining similar goals under the Sustainable Development Goals (SDGs) which is likely to start from the beginning of 2016.
Proponent of non violent movement, Mahatma Gandhi termed information as “truth putting emphasis for dissemination of information as conducive to good governance saying that the indescribable lustre of truth, a million times more intense than that of the sun we daily see with our eyes.”
American distinguished Professor of International Development and Security Robert Klitgaard’s formula is well cited in all over the world. According to him, Corruption (C)= Monopoly (M)+ Discretion (D)- Accountability (A) and in eradicating corruption four key components- transparency, accountability, predictability and participation are the probable way outs. Bureaucratic tangles and red tapism are the major impediments for proper functionality of A2I under TRI law. Economist Daniel Kaufman has shown an equation to curb corruption. The equation is Anti Corruption (AC) = Knowledge+ Information (KI)+ Leadership (LE)+ Collective Action (CA).
It is a good sign that the RTI Act overrides the inconsistent provisions in other laws such as the official Secrets Act of 1923, the Evidence Act of 1972, the Rules of business of 1996 and the Government Service Control Rules of 1979. Under the RTIA of 2009, a three-member independent information commission (IIC) is working to ameliorate the wounds of injustice owing to lack of A2I. The IIC has the authority with wider discretionary powers to enforce the law and to punish the wrongdoers with little punishment for non compliance of the TRI law.
It is one of the best laws with rosy possibility towards the proliferation of the nation in economic and social aspects paving the way for a knowledge based society in synergy with information and communication technology.
The progressive realization of A2I as a right of people is on the developing stage and with the elapse of time the empowerment of people will be escalated gradually. This law covers government offices from districts to upazila levels. Hope and aspirations of people always surpassed rock solid reality. In the mindset of general people trust is mounting up that this law will contribute to increase transparency and accountability in government offices and public funded organizations which among others include NGOs and other development organizations using foreign funds.
So, instead of measuring success and failure of any law only five to six years old it is evident that the small time is inadequate to evaluate. It is also true that morning shows the day and the agenda 2014- 2018 to boost up implementation of the RTI will be a litmus test for judging success of A2I. One needs to visit Afghanistan, Bhutan, Maldives and Sri Lanka to understand the connotations of this assumption. Singapore is an exceptional city state with good governance with transparency and accountability even without any RTI law.
Some 20 exemptions as to state sovereignty, security, strategic policy, defense and intelligence are well guarded by the RTIA raising demand of specific delimitation of barring to seek information otherwise the change of misuse of such exceptions cannot be avoided in the guise of public interest. Nonetheless, precaution is needed so that government can not engage to put forward only blatantly manipulated inflation statistics of success sideling the records of failures.
Let’s be optimistic rather than being cynical towards building a society based on knowledge and just information in mutual harmony and delicate collaboration among state and non-state actors to be claimers of success for people not for pride avoiding the conflict of interest indeed. Finally, A2I can be a vanguard of our democracy glittering with the spirit of good governance becoming a model county in the world map.
The writer is Assistant Professor of Law at Southeast University and Freelance Journalist.
BDST: 1557 HRS, FEB 22, 2015
