The New Nation - Internet Edition

BSS, Dhaka

'Right to Information Ordinance' is likely to be proclaimed by April to enable people having access to information for ensuring transparency and accountability in the democratic process.

An eight-member committee headed by Joint Secretary (development) of the Ministry of Information, has already been formulated a draft of the ordinance after reviewing the Right to Information Report prepared by the Law Commission and also the existing laws in the neighbuoring countries.

This was revealed at a roundtable discussion on the draft yesterday organised by the Information Ministry to obtain recommendations from civil society, lawyers, journalists, businessmen and other professionals, which will help finalise the draft.

At the inaugural session, chairman of the Right to Information Act Formulation Committee, Kamal Uddin Ahmed presented the key elements of the draft while executive director of Transparency International, Bangladesh (TIB) Dr Iftekharuzzaman moderated the discussion.

Eminent jurist Dr Kamal Hossain, former minister MK Anwar, eminent economist Rehman Sobhan, former adviser of the caretaker government M Hafizuddin Khan, former president of the Jatiya Press Club (JPC) and editor of the News Today Reazuddin Ahmed, editor of the Bangladesh Observer Iqbal Sobhan Chowdhury, editor of the Daily Star Mahfuz Anam, chief editor of Bangladesh Sangbad Sangstha (BSS) Zaglul Ahmed Chowdhury, AP bureau chief Farid Hossain, editor of Manabzamin Motiur Rahman Chowdhury, editor of the Naya Diganta Alamgir Mohiuddin, president of the JPC Shaukat Mahmood, executive director of Manusher Jonno Shaheen Anam were present at the roundtable, among others.

Kamal Uddin in his opening remark said, the caretaker government has taken initiative to proclaim the ordinance as it realised that Right to Information Act could bring transparency and accountability at all government and non-government organisations.

"The establishment of right to information for an individual is essential to get redressed from the administrative and other authorities against his or her complain," he said.

He also said, like other relevant laws in the neighbouring countries, the government has excluded some information from the draft ordinance, which are related to state security, sovereignty, defence and greater public interest.

The preliminary draft of the 'Right to Information Ordinance-2008' has 27 articles including formation of a information commission which could take action if any quarter fails to provide information to any citizen.

The draft, under its article two, said all government, non-government organisations, associations and other bodies which were registered under the existing laws would be included under the ordinance.

Under the ordinance, each organisation would appoint an officer who would be responsible to provide the information.

The article three said the provision of the ordinance would be effective whether those are existed or not in the 'Official Secrets Act-1923 or in such contemporary laws.

Under the ordinance, each authority would prepare proper information index and maintain record catalogues and it would be compelled to publish minimum one report after every two years, according to article 4 and 5 of the draft.

The Article seven of the draft said the concerned officer of any organisation would provide information within 20 days after getting application with required fees from interested persons.

But the dateline of providing information would be 48 hours if that related to life and death of some one or subject to release from jail, it said.

Article eight said information which are related to state security, sovereignty, dignity, foreign policy, defense, relations among the foreign countries or organisations, commerce or trade interest, technical scientific interest, revenue tax of anyone, monitoring and executive operations of financial organisations would be excluded from the ordinance.

It also said, such information, which would hamper personal privacy or condemn the verdict of court or parliamentary proceedings would be excluded from the ordinance.

Under the ordinance, an information commission would be formed headed by a chief information commissioner. Two other information commissioners would be appointed at the commission and of them, one must be a female.

The President would appoint the information commissioners according to recommendations of a search committee headed by a Justice of Appellate Division of the High Court.

The search committee would also be comprised of chairman of public service commission, cabinet secretary and chairman of university grant commission.

Under the ordinance, the information commission would take complains, conduct investigation and dispose it.

If the allegation against the information officer would be proved, the commission could fine him or her maximum Taka 25,000. The commission could also recommend punishment against the accused officer as per the service rule.

The commission would prepare a guideline for all and it also would publish reports on implementation of the ordinance every year, the draft said.

According to the draft, the government could formulate rules of the ordinance by gazette notification.

Speaking on the primary draft of the ordinance, eminent jurist Dr Kamal Hossain stressed on the importance of the Right to Information Law as it is essential for ensuring transparency and accountability at all government and non- government stages.

"People has the right to know," he asserted saying that 'everyone at the grass root level should have access to information as it is the fundamental right as per the Constitution.' "This law will empower people," he added.

Dr Kamal suggested all for making logical and realistic recommendations through meaningful discussions based on the primary draft ordinance so that an ordinance could be promulgated within a reasonable time.

Prof Rehman Sobhan said that the political parties could be involved in the discussions for their opinions as they are the stakeholders who have to pass this ordinance to the next parliament.

This ordinance would help generate a process of ensuring transparency and thus establish good governance by eradicating corruption from the government and non-government organisations, the eminent economist added.

Former BNP minister MK Anwar said, after being formulated, the Right to Information Ordinance would help ensure easy access of information for all.

He, however, suggested making some changes in the primary draft keeping with the provision that for failure of providing information to anyone the concerned office will go to the proposed information commission instead of the information seeker.