Introduction

Freedom of thought, conscience and speech is recognized in the Constitution of the Peoples Republic of Bangladesh as one of the fundamental rights and right to information is an inalienable part of freedom of thought, conscience and speech; and whereas all powers of the Republic belong to the people, and it is necessary to ensure right to information for the empowerment of the people; and Whereas if the right to information of the people is ensured, the transparency and accountability of all public, autonomous and statutory organizations and of other private institutions constituted or run by government or foreign financing shall increase, corruption of the same shall decrease and good governance of the same shall be established.

Right to Information Act

In todays world, freedom of information is the pre-requisite of sustainable development due to its driving power. Free flow of information and its consumption boosts a countrys progress and prosperity. Effectiveness of democracy and security of human rights vastly depends on freedom of expression and information, in other word, freedom of the press. Understanding the essence many countries- from developed to developing- now open the shutters and nod the peoples right to the access of information resources.

In recent years, a number of nations enacted the freedom of information law including neighboring India in 2005, Pakistan in 2002, and Nepal in 2007. After the restoration of democracy in 1990, gradually a demand of giving the people the right or access to information emerged and subsequently a massive discussion among civil society to media practitioners continued. Unfortunately, no political government passed the freedom of information law even though they several times focused the issue on their respective election manifestos. Finally, light has seen at the end of the tunnel. The legal signal has come through the hand of the army-backed caretaker government, even though their role was highly criticized. During its two-year tenure, the interim government promulgated an ordinance namely Right to Information Ordinance on October 20, 2008. This is really a cornerstone in the way to free flow of information in Bangladesh. In fact, it is a demand of era. Perhaps, recognizing the ground reality, the present government, with minor changes, passed the Right to Information Act (RTIA) in the parliament on March 29, 2009.

The Right to Information Act and Loopholes Within

Before going to the practice of the freedom of information in Bangladesh, there are still many loopholes and challenges ahead, which this paper examines, either within the government process or outside. In particular, the government can bar the disclosure of information under the Official Secrets Act 1923, Special Power Act 1974 and the Rules of Business 1979. Further, the country itself is facing numerous challenges as like illiteracy, poverty, lack of technology or communications media, political freedom and so on, which require prior solutions to the right to information.

Exemption from Disclosure of information

Information categorized under exemption from disclosure of Information includes, 1. Information, disclosure of which would prejudicially affect the sovereignty and integrity of, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence. 2. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court. 3. Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature. 4. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information. 5. Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information. 6. Information received in confidence from foreign government. 7. Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes. 8. Information which would impede the process of investigation or apprehension or prosecution of offenders. 9. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the 3

matter is complete, or over; Provided further that those matters which come under the exemptions specified in this section shall not be disclosed. 10. Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information; Provided that the information, which cannot be denied to the Parliament or a State Legislature, shall not be denied to any person.

Contradictions with Other Laws

RTI act overrides some outdated legislations, such as the Official Secrets Act 1923, Evidence Act 1872, Rules of Business 1996 and the Government Servants (Conduct) Rules 1979. However, the culture of secrecy that developed for the years still impedes the RTI. So far there has not been much progress in engaging citizens in seeking information or creating public awareness about the law, the speakers observed. Iftekharuzzaman, executive director of Transparency International, Bangladesh, said implementing RTI laws is difficult, often frustrating, and worldwide and Bangladesh is no exception. But it is not a magic formula that would change the culture overnight, he added He suggested that deliberate denial is made subject to punishment. He also recommended a people friendly legal system, digital information system, removing inconsistencies and contradictions between RTI and other laws, capacity building of the officials and mass people.

Right to Information Act and its Jurisdiction

The Right to Information law covers the upazila level and levels above it, but does not extend up to the union council, the bottom unit of local administration. However, innumerable development projects and programs of the government or NGOS, are, conducted in rural areas. Hence, local people can hardly ever reach the information relating to their concern, and even fewer of them can bargain for information with the government officials at the Upazila Council.

Management of Information
Information only becomes a resource when it is well-managed. Such management includes the manner in which information is preserved and digitalized, and allowed access to. In Bangladesh, such practices are still in below standard. 4

The existing library system is so traditional and backdated, the thing is like that if information is expected to be obtained through the procedure of RTI law, then its prime objective would go be lost. Rather, information should be open and people should be allowed to access it unrestrictedly. In this context, Bangladesh is still lagging behind and that is why poor management of information disfavors the peoples right to know. Furthermore according to, section 10 of the Act One Responsible Officer must be nominated within 60 days from the notification of the Act by each authority established before and after the enactment of this Act for each of the information providing units. Yet in most government offices there is so far no information officer, as well as no commendable progress in appointing the responsible officers under the act.

Right to Information- a Fundamental Right

Categorically both the rights to live and the right to information are fundamental human rights. However, people who do not have enough food, shelter, health, work; education and security do not need to use the right to information; even if exercising it accelerates the course of development. Only educated (literate) people can use the right to information. Illiterate cannot use this right even if they need it. Srikantaiah and Dong13 point out that there is a definite correlation among the number of users of Internet and the GNP and the literacy rate. It can be said that there is also a strong correlation between the use of information and the literacy rate, simply because the information user must be literate. Then again even among the literate, most people do not know what the Right to Information is. What first they need is education. The right to information, or the right to access to sources of information, is hence an educational aim, and should be put in the respective of general education and human development.

Developing a Strategy
Given the expectations created by the high-profile political commitments, the right to information act needs to be placed in a strategic framework and a plan of action needs to be developed within a specific time frame. In developing the strategy all the stakeholders, especially the civil society, NGO leaders, media and others must be involved in the participatory process, though the lead has to be taken by the Government; represented by a relevant ministry or preferably the Cabinet Division. The lead authority will also be responsible for developing an action plan. Inter-ministerial committees can coordinate, and monitor the implementation of the action plan, by the various government ministries and departments. NGOs and other institutions, covered by the law should develop their own time-bound implementation and monitoring plan.

Breaking the Culture of Secrecy

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The most formidable challenge facing democratic and accountable governance is secrecy. Secrecy leads to concentration of power and widening of discretion which are ingredients of poor and unaccountable governance. In Bangladesh, most governments, and indeed also often the non-government organizations are used to doing things in a secretive fashion. In general, most officials both within and outside the government have a sense of possessiveness about any information at hand. Releasing them to the public is perceived as sharing the control and, hence, power. Therefore, a fundamental change in mindset is necessary. However, openness is more easily preached than practiced, often because of a mindset. It is crucial therefore, to work towards achieving a change of mindset, breaking away from a culture of secrecy to culture of openness. While government officials in general have to be oriented towards the mindset change, the mindset change is particularly important in case of information officers; with specific provisions for their training and capacity-building. Equally important for effective implementation is wide process of applying for information. Contact details of the information officers should also be made available. Furthermore, priority should be given to train a core team of officials at various levels who could then train and sensitize peers and others. It will not be easy to move towards the culture of openness, but the sooner the holders of information realize the virtue of sharing information how it improves governance, builds trust and increases credibility - the better is the possibility of achieving specific results. Drawing upon the national implementation strategy, the various authorities holding the information must develop and implement their disclosure and communication policies to provide the public with information upon demand and without being asked. Such policies should also define ways and means to build capacity to handle grievances and internal appeals against a decision by the designated officer. Seeking and receiving information should not require any special effort. It should be easy and convenient for the information seeker, putting the onus on the supply side the officials must be aware that they are not only obliged to supply information as provided by the law but also to justify denials, if any. The policy should provide tools and processes for monitoring of RTI implementation process with strict enforcement of disciplinary measures for willful and motivated denial of information. Although it is hard to believe that government officials will start to change their behavior overnight, it is possible to begin the gradual shift. An important way to do this could be for the government to review the code of conduct, of officials and staff in the public sector as well as NGOs. The Right to Information Act also obliges members of the Parliament to assume an active role in enforcing the Right to Information law. Such leading by example can greatly help the transition to the culture of openness, and ensure the free flow of information to people.

Communication and Right to Information

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The most important portion of reaching the information either the public or private depends upon the condition of communications media. Every day, we intentionally or unintentionally consume information through reading newspapers, listening to radio, watching television, and using mobile phones, internet etc. In this regard, the status of Bangladesh is deplorable. The rate of readership of print media or the viewers of electronic media or the users of internet is much poorer. Hence in order for people to give and receive information there first must be a flawless communications system.

Democracy and Right to Information

The concept of the right to information is based on the concept of freedom of information. Freedom of information means of intellectual freedom. Both intellectual freedom and the right to information are human rights which protect human life and human development. However, human rights need to be protected by a full democracy in countries. In order to have full democracy, all members of society should be able to participate in the decision-making process and for this reason they need the right to information. Unless there is a true democracy in a country, the problem of the right to information cannot be fully solved. Now if we accept the a full democracy is a pre-condition for the right to information, it can also be said that developing countries do not yet have the chance to use fully the right to information. So implementation of RTI law enormously depends on the highest practice of democratic culture and values. Where there democracy prevails stronger, there endings come through Right to Information law.

The Civil Society and the Media

Civil society Civil society or civil institutions can be in totality referred to as voluntary, civic and social organizations or institutions which form the basis of a functioning society as opposed to the force backed structures of a state. Right to Information is a weapon in the hands of Civil Society. Right to Information empowers the civil society with the right to seek information and helps in, ensuring accountability and transparency, ensuring participation of public in governance, eliminating corruption and empowering people. To this extent the civil society can use the RTI act to promote good governance and social equity. Use the RTI Act in disseminating information on Government programs. Use Social Audit and RTI in assessing the performance public offices, act as strategic partners to the government in implementing the act, assume the role of the spokesman for the public and at times and act as a representative to request information disclosure. Furthermore, the civil society can act as a bridge to people to access information and play a role of an Advocate and a supporter. 7

The media The media plays an important role in the creation and success of a strong civil society structure. Media sways public opinion and helps influence and even create the direction of social change. The media is a tool that can help put civil society principles into action and can enable more effective participation in a civil society framework by providing accurate and timely information. The media and responsible journalism also further help to reinforce accountable behavior in the society. Some of the influences the media has on the success of civil society include, Catalyzing the effective implementation of the Act, providing information to the citizens and building awareness about the Act, giving voice to the citizens, encouraging debate and discourse among all stakeholders. Information is power and thus, the right to seek it is an imperative. The media thus plays a crucial role in building an inclusive information society by its sheer reach and opinion building power. Many of the significant changes brought about by the Act are at the grassroots level and do not come to public attention unless publicized by the media. By using the RTI act, the media can highlight and even investigate issues that concern the larger public interest

ADVANTAGES OF RIGHT TO INFORMATION ACT

Right to Information Act serves us at several levelsPersonal During our daily lives, we may need to interact with various Government Bodies / Departments for solving problems concerning them. In this we may face certain problems / delays / injustice. If proper information is available to us, appropriate recourse may be chosen for settling the same. In case of denial to access, Right to Information Act advantages are there to seek. Social All of us belong to civil society and as members of the same we find that a particular Government body is indulged into corruption / nepotism / scams / dishonest practices / inefficiency / or any such other malfunctions, it becomes our duty to take effective steps for correcting the same. For this we need to have proper information in the first place. One of the Right to Information Act Advantages is that we have free access to any such information at our finger tips. Now just by filing up requisite form and payment of RTI fees one can get even minutest details about any particular department. Action can be initiated as the next step against the same. One of the best Right to Information Act benefits is the fear of information also keeps Public authorities under check as they stand out to be under constant public glare. As to make the government accountable, we need information regarding government decisions and functioning. The Right to Information Act empowers us to do just that. It gives us the right to obtain information from the government about matters that affect us in thousands of ways. Used innovatively, such

information could lead to exposure of corruption and inaction, and make the government responsive and accountable. The government spends so much money on various works in your area. You may and should ask for the details of all the works carried out by the municipal body in your area. How much money was spent? On what works was it spent? Similar information was asked by people all over the country since October 2005. When the information was physically verified, it turned out that a number of works existed only on paper. Would you not like to hold the government similarly accountable in your area? Under the RTI Act, you can demand from any government body, any information pertaining to any of its departments photocopies of government contracts, payments, estimates, measurements of engineering works, etc. samples of material used in the construction of roads, drains, buildings, etc. to inspect any under-construction or completed work done by the government to inspect government documents books, registers, drawings, records, absolutely anything. the status of your complaints and requests The RTI is expected to create a more open and democratic society. Information can empower poor communities. The easy access to information can create awareness about peoples' rights and responsibilities of government. Citizens can take part in development projects upon information and shall have the due share and also can ensure balanced development of different regions, and also work for equality among man and woman, rich and poor, people in power and in opposition. People can know about the utilization of their tax money paid to the government exchequer

CONCLUSION and RECCOMENDATION

The implementation of RTI will empower citizens, the common people. It will hold authorities in and outside the Government accountable. It will strengthen democracy, promote good governance. It will also devolve authority, curtail discretion. However, the Right to Information Act will be resisted. Resistance may emerge, not very surprisingly, from within the stakeholders themselves. Public officials may resist it because openness reduces the range of discretion; political Leaders may resist because transparency reduces the scope of unaccountable use of power or Influence; opposition to RTI may come from private business houses who tend to gain in a culture of secrecy; NGOs may resist because of gains from non-disclosure; media may play a negative role by using information to promote vested interests; failure of key institutions of the national integrity system, especially the judiciary and law-enforcement bodies, to Enforce the rule of law, may prevent RTI to be established. Above all the civil society Organizations that must play the most important demand creating role may also fail to do so, because of their own failure to promote 9

proactive disclosure on the one hand, and because of polarization, unhealthy competition and lack of unity. Such challenges cannot, however, dampen the high expectations and extraordinary opportunity created by the RTI Act. The knowledge that challenges exist can rather help develop the strategies and policy actions to implement the RTI. Implementation of RTI, as earlier indicated, is much more difficult than adoption of the Act; it is a multi-stakeholder challenge; it requires a comprehensive approach; and it will yield result only when there is a full-fledged and committed ownership of all stakeholders, especially internalization of the benefits of the concept of the right to information by the demand side as well as the supply-side - those who need the information and those who hold them.

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REFERENCE

Ifftekharruzzaman. Implementing RTI in Bangladesh: Challenges and Opportunities. http://www.ti-bangladesh.org Kadery, Most. Mobassera. Right to Information Act-2009 in Bangladesh: on analysis http://dspace.bracu.ac.bd Paul, Sohini. The Right to Information Act 2009 Bangladesh http://www.humanrightsinitiative.org. Siddiqi, M.S. Right to Information Act 2009. The Financial Express, 27 April, 2010. P-editorial . Sobhan, Sanjida. RTI Act, 2009: Present Status and Scope. The Daily Star, 7 April 2011

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