Editorial
Draft RTI ordinance 2008
Commendable move, but do away with impediments
We welcome the fact that the caretaker government has placed the draft of the Right to Information Act before the nation. Such a step demonstrates clearly its readiness to take people's sentiments into cognisance. That the people of Bangladesh have the right to know what happens in statecraft and, equally, how public money is spent, cannot any more be denied. We strongly believe that the ongoing public deliberations should lead to a quick adoption of the Right to Information Act through an ordinance, to be followed by its subsequent ratification by the next Parliament.
We are also happy that an Information Commission will be there to ensure a full implementation of the RTI provisions. However, we also think that the proposed RTI will be in serious danger of losing much of its shine if the exemptions in the so-called negative list are not reconsidered or withdrawn altogether. To suggest that such exemptions are aimed at protecting the national interest is too general a statement and risks undermining the whole enterprise. They threaten to take away with one hand what is being given with the other. The question here is simple: Who defines the public interest? Unless these exemptions are taken out of the proposed RTI, they will likely become a major impediment to an otherwise healthy exercise. We of course agree that specific matters of national security should not and cannot fall within the ambit of the RTI. That said, let all other matters be open for citizens to seek information on. That is of essence if we as a nation are to move away from a culture of secrecy to one of accountability.
The draft RTI enjoins upon citizens the responsibility of seeking redress before the Information Commission if any governmental body denies him information. Let the operating principle be the other way round, namely, the government should explain to the IC why information of a certain category may not be provided to citizens. Finally, we must register our reservations about a preponderance of bureaucrats on the proposed search committee. Right to information can be fully ensured if the commission comprises members of civil society, among whom obviously are representatives of the media. Additionally, the Information Commission must operate on the premise of full autonomy, with its own independent budget and the authority to appoint and remove staff, and must report independently to Parliament on a regular basis.
We must remember that implementing a law is a whole lot more complex than its passage, requiring time and a change in the bureaucratic mindset. Therefore, let there be more discussion on the draft RTI, perhaps for a couple of weeks more. A Right to Information Act, we might add, is a precondition to good governance and therefore to a full flowering of democracy in Bangladesh.
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