The mission to inform
http://www.thedailystar.net/newDesign/news-details.php?nid=115010
Sunday, November 22, 2009 , Syed Fattahul Alim
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.
Syed Fattahul Alim is a senior journalist.
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