Law Update
Right To Information
Road to good governance
Dr Belal Husain Joy
On 28th September, 2006, Bangladesh, for the first time ever, has observed the International Right to Information Day. Professionals like lawyers, teachers, journalists and the civil society activists emphasised the need for creating mass awareness, explaining the necessity of right to information, and demanded immediate enactment of the proposed Right to Information Act.
What is right to information? To me 'right to information means ensuring empowering the people, strengthening democracy, enforcing rule of law curbing corruption and alleviating poverty through establishment of transparency and accountability in the civil administration of the country, with full dedication to good governance'.
What information are we talking about? According to Oxford Thesaurus, information includes data, facts, knowledge, intelligence, news, notice, word, advice, counsel, instruction, enlightenment, tidings, message, report, communication etc. And are we looking for all of them? If not, at least, the information related to the effective administration and good governance of the state, are desperately needed to justify the 'Right to Information'.
To be more specific, we the citizens of the country at present, would be more interested to know about the personal details and antecedents of the candidates nominated for parliamentary and local elections by various political parties. We need to know their sources of income; we need to know the amount of money they spend in the elections; we need to know their election investment and earning ratio; we need to know the sources of income of the political parties; we need to know what sort of discretionary power the bureaucrats and all other public servants hold. We need to know, how do the bureaucrats exercise their discretion? We need to know, how do the civil servants deliver the required services to the citizens? And many others.
If we have those and all other information at hand when we need, then we can take appropriate corrective measures in right time, in right place in connection with right persons and authorities. Then we will have no problem in holding free and fair election, curbing corruption, alleviating poverty, establishing transparency and accountability and maintaining law and order. And these are the main reasons why, we, the citizens, must have the right to information as a law.
What does our Constitution say about right to information? In Bangladesh Constitution there is no provision which directly addresses this right to information. However, Article 39 provides guarantee for freedom of thought, conscience, speech and press. But the text of Article 39(2) in fact limits if not fully restricts such right of the citizens saying, 'subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence'.
In India, The President of India signed the bill -- the right to information -- on 15th June, 2005, which was passed in the parliament on December 22, 2004. This law was also passed as a result of a momentous movement led by the civil society and the media of that country. (Contextual report in Prothom Alo, 30-8-2006). In Nepal, the Constitution was promulgated in the year 1991 following a huge democratic movement throughout the whole country. Article 16 of the constitution states: “Every citizen shall have the right to demand and receive information on any matter of public importance ….”.
In Pakistan, the government promulgated a Freedom of Information Ordinance (No. XCVI of 2002) on October 27, 2002. The ordinance is seen as more restrictive than empowering, limiting the right to information of ordinary citizens of the country. [Pakistan: Access to information, Journalists Beyond Frontiers, Dhaka, SAFMA, November 10-11, 2005]. In Sri Lanka, in regard to right to information, the constitutional provisions are neither clear nor absolute.
Here in Bangladesh, the Law Commission has prepared a draft working paper titled “Right to Information Act 2002” but no initiative has yet been taken for the enactment of this law. Not having a copy of the same readily in hand, we the citizens simply demand a clear and balanced law of Right to Information without restricting and/or limiting our rights in any way, giving all due allowances to the national security and foreign policy of the country. Bangladesh is a signatory to the Universal Declaration of Human Rights 1948, in which under Article 19, the right to information has been recognised. This right also symbolises Article 19(2) of the International Convention of Civil and Political Rights, 1966.
At the dawn of the Third Millennium, information technology is empowering the individuals globally. Increased citizens' awareness through technological advances shall no longer let the people be held in subjugation in dictatorial or semi-dictatorial governance, like we have been in Bangladesh. Such dictators do need to control information to maintain control over the people, restricting access to information, limiting knowledge and also by not defining clearly the Right to Information, since knowledge is power. But it will not work even in Bangladesh; use of global television channels, mobiles, e-mail, Internet will simply curb the power of dictatorial governments.
The people's ignorance of their right to information calls for a vigorous campaign for raising their awareness. Movement for right to information is a movement for effective parliament, with the objective of strengthening the democratic process to establish good governance through enforcement of Rule of Law, Transparency, Accountability and United Nations' Convention against Corruption. Because right to information will enhance people's knowledge, and knowledge is power.
The author is a researcher, writer and Barrister. He is the Chairperson of the Bangladesh Institute of Legal Advancements.
