The mission to inform
IT has been about four and a half months since the Information Commission started its work from a temporary office in Dhaka.
At a view exchange meeting with the press last week, the Chief Information Commissioner, flanked by two other Commissioners, briefed journalists on the activities his office had undertaken, especially to meet its goal of reaching information to the doorstep of the people, as charted in the Right To Information Act (RTIA) 2009.
So far as the RTIA is concerned, the members of the press present expressed mixed opinions about it. Some were not very convinced of the document's usefulness in practice, while others were positive, but cautious in their optimism. A few, the present writer included, on the other hand, were rather upbeat about the RTIA. The argument in favour of their view was that something is always better than nothing. And since there is still room for improvement in the document, it is hoped that in the future it would be possible to enrich it further through the process of trial and error. During the meeting with the press, the Chief Information Commissioner and his colleagues dwelt briefly on some important provisions enshrined in the RTIA, the activities they had been doing since the office of the Commission started work, the cooperation they are getting from the government and the constraints they are facing.
Highlights from the RTIA:
Under Chapter II of the RTIA, one would find the Sections and their subsections that deal with one's right to information (Section 4), its preservation (Section 5) and disclosure (Section 6). Excepting Section 7, which deals with the cases where disclosure of information to its seekers is not obligatory. The RTIA, otherwise, is very unambiguous about ensuring that the information providing authorities and the units under them in the government, autonomous or statutory bodies, or organisations financed and/or managed by the government or foreign donor agencies may come out with the sought after information through a given set of procedures. There are, however, instances, such as Section 7 and Section 32, which restrict the applicability of the sections of the RTIA that guarantee access to information. Notwithstanding those embargoes, one can still have access to information from the restricted sources. For example, subsections 9 and 10 of Section 9 of the RTIA provides the scope for disclosure of the sought after 'part of the information', if it, though linked to the inadmissible Section 7 of the RTIA, is itself very much a 'part of the provisions of disclosure' outlined before. In a similar vein, subsection 1 of Section 32 precludes some 'authorities' mentioned in the 'Schedule' of RTIA from disclosing information. But at the same time, the subsections 2 and 3 of the Section 32 provide for disclosure of that exclusive information, if that has to do with any case of corruption or human rights violation by those 'authorities' concerned. The Sections 24, 25, 26 and 27, on the other hand, provide for the procedures of filing appeals and complaints to the Information Commission by any aggrieved individual who did not succeed in getting the asked for information from the 'responsible officer' concerned or did feel hard done by at the decision to this effect of the latter. These are but a few instances out of a total of 37 Sections incorporated in the RTIA that aim to safeguard people's right and access to information. It cannot, however, be said that the provisions as given under the RTIA guarantee everything under the sun so far as it concerns people's right to information. Undoubtedly, the document (RTIA) in question has its limitations, shortcomings and lacunae. But that does not imply that the entire exercise has been a futile one. The most important question here is how the bureaucracy, entrenched as it is in the age-old culture of secrecy, is willing to see that the RTIA might deliver as expected to fulfil its desired mission. To overcome this barrier to the RTIA's effective delivery of the goods, the government will be required to exert its political will. The bureaucracy will be obliged to come out of its self-spun cocoon, if and only if, the Executive organ of the government brings the political pressure necessary to bear on it. Information Commission's office
Of the three-member Information Commission, one is woman. The inclusion of a female member has been done in the spirit of the subsection 1 of Section 12 of RTIA. The Commission, in spite of all the limitations that are natural for a new office, appears to be rather confident of discharging the responsibilities the nation has entrusted in it. For such an important statutory body like the Information Commission, the location of its present temporary office appears to be a bit out of the way. The good news is that the Commission has found a large space for its accommodation in the building that houses the Archaeological department. The Chief Information Commissioner has further informed that they have requested the Works Ministry to provide 32, 00 sq yards or two bighas of land for its office. These are certainly positive developments so far as the working place for the Commission is concerned. Anyway, the government would do well to arrange a place for the Commission's office, which is located in the heart of the city, so that media people, appellants, members of the public and others concerned might reach there easily Challenges
The freshly constituted office of the Information Commission (IC), the first of its kind in the country, is facing an enormous challenge. It will also come up against still bigger hurdles while fulfilling its mission, which is about ensuring free flow of information, especially to the common people at the grassroots. But the tasks are easier narrated than accomplished. And the enemies it will have to fight on its way to its goal are a legion.
Under Chapter II of the RTIA, one would find the Sections and their subsections that deal with one's right to information (Section 4), its preservation (Section 5) and disclosure (Section 6). Excepting Section 7, which deals with the cases where disclosure of information to its seekers is not obligatory. The RTIA, otherwise, is very unambiguous about ensuring that the information providing authorities and the units under them in the government, autonomous or statutory bodies, or organisations financed and/or managed by the government or foreign donor agencies may come out with the sought after information through a given set of procedures. There are, however, instances, such as Section 7 and Section 32, which restrict the applicability of the sections of the RTIA that guarantee access to information. Notwithstanding those embargoes, one can still have access to information from the restricted sources. For example, subsections 9 and 10 of Section 9 of the RTIA provides the scope for disclosure of the sought after 'part of the information', if it, though linked to the inadmissible Section 7 of the RTIA, is itself very much a 'part of the provisions of disclosure' outlined before. In a similar vein, subsection 1 of Section 32 precludes some 'authorities' mentioned in the 'Schedule' of RTIA from disclosing information. But at the same time, the subsections 2 and 3 of the Section 32 provide for disclosure of that exclusive information, if that has to do with any case of corruption or human rights violation by those 'authorities' concerned. The Sections 24, 25, 26 and 27, on the other hand, provide for the procedures of filing appeals and complaints to the Information Commission by any aggrieved individual who did not succeed in getting the asked for information from the 'responsible officer' concerned or did feel hard done by at the decision to this effect of the latter. These are but a few instances out of a total of 37 Sections incorporated in the RTIA that aim to safeguard people's right and access to information. It cannot, however, be said that the provisions as given under the RTIA guarantee everything under the sun so far as it concerns people's right to information. Undoubtedly, the document (RTIA) in question has its limitations, shortcomings and lacunae. But that does not imply that the entire exercise has been a futile one. The most important question here is how the bureaucracy, entrenched as it is in the age-old culture of secrecy, is willing to see that the RTIA might deliver as expected to fulfil its desired mission. To overcome this barrier to the RTIA's effective delivery of the goods, the government will be required to exert its political will. The bureaucracy will be obliged to come out of its self-spun cocoon, if and only if, the Executive organ of the government brings the political pressure necessary to bear on it. Information Commission's office
Of the three-member Information Commission, one is woman. The inclusion of a female member has been done in the spirit of the subsection 1 of Section 12 of RTIA. The Commission, in spite of all the limitations that are natural for a new office, appears to be rather confident of discharging the responsibilities the nation has entrusted in it. For such an important statutory body like the Information Commission, the location of its present temporary office appears to be a bit out of the way. The good news is that the Commission has found a large space for its accommodation in the building that houses the Archaeological department. The Chief Information Commissioner has further informed that they have requested the Works Ministry to provide 32, 00 sq yards or two bighas of land for its office. These are certainly positive developments so far as the working place for the Commission is concerned. Anyway, the government would do well to arrange a place for the Commission's office, which is located in the heart of the city, so that media people, appellants, members of the public and others concerned might reach there easily Challenges
The freshly constituted office of the Information Commission (IC), the first of its kind in the country, is facing an enormous challenge. It will also come up against still bigger hurdles while fulfilling its mission, which is about ensuring free flow of information, especially to the common people at the grassroots. But the tasks are easier narrated than accomplished. And the enemies it will have to fight on its way to its goal are a legion.
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