Right to information and Bangladesh

Bangladesh experienced a wave of enthusiasm in the wake of the enactment of the Right to Information Act in 2009. Initially, public perceived the law to be a potent instrument that would enable them to keep an eye on government activities, reveal wrongdoings, and hold public officials accountable. However, as time went on, the initial zeal faded, and the Act came to use for only a handful of people.

In theory, the 2009 Act empowers citizens to scrutinise government work, question decisions, and demand transparency. The preamble to the Act holds the right to information to be an inalienable part of Freedom of Thought, Conscience and Speech under Article 39 of the Constitution of Bangladesh. Section 4 of the Act states that every citizen has a right to information from the authority, and the authority must provide so upon demand. Section 8 allows citizens to request information from responsible officers in writing, electronically, or via email. As per section 9, the responsible officer must provide the requested information within 20 working days and if multiple information-provider units or authorities are involved, within 30 working days.  Section 9(3) further provides that if the officer is unable to provide the information, they must inform the requester of the reason of such inability within 10 working days of receiving the application.

Ideally, informed citizens should utilise this opportunity to its maximum potential. However, the reality is far from ideal in Bangladesh. Fear of retaliation, lack of awareness about the law's intricacies, and lack of trust hinder citizens from exercising their rights under the Act. This underutilisation reflects a broader trend of information apathy, where the power to challenge corruption and promote good governance through the RTI is acknowledged in theory but overlooked in practice.

Neighboring countries are experiencing a rise in the enforcement of this right in favor of the mass people. The Indian Supreme Court unanimously ruled on 15 February 2024 to overturn the now-infamous Electoral Bonds Scheme of 2018 and ordered the disclosure of a vast amount of sensitive information that had been withheld from the citizens. Bangladesh can gain valuable insights from India's experience with the RTI Act on its immense potential.

Sri Lanka has also witnessed how successful the law can be in holding the government accountable and battling corruption. Sri Lanka's efforts to combat corruption have benefited immensely from their RTI legislation. The International Monetary Fund's Governance Diagnostic Assessment (GDA) recognised the RTI as having a significant impact on improving governance. Special attention was given to the RIT Commission of Sri Lanka for their uncompromising compliance with the law.

However, the same success has not been mirrored in Bangladesh due to several factors. Firstly, the nature of RTI requests in Bangladesh is predominantly personal, lacking the public interest-driven inquiries. Secondly, there is a notable absence of collective civil society action to challenge and safeguard the RTI law's implementation. And lastly, there is an immense lack of cooperation on part of the officials in providing information in our country.

The way forward is evident as Bangladesh grapples with the underutilisation of the RTI. NGOs and our civil society must lead the change in advancing RTI into the forefront of governance. Bangladesh stands at a pivotal moment, where RTI's potential as a weapon against corruption and good governance must be fully realised through collective effort and commitment.

The writer is student of law, University of Chittagong.