Internet Edition. October 25, 2008, Updated: Bangladesh Time 12:00 AM 
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Loopholes in the Right to Information Ordinance: Experts point at 20 cases in which information may be withheld

Mamunur Rashid



The Right to Information Ordinance, which is meant to ensure people's inalienable right to information, has several loopholes, specialists taking a cue from similar laws in different countries, including India said.

Under ordinance there are 20 cases in which requests for information can be denied, including cases of corruption and human rights violations in any department of the Government.

It has restricted people's access to information classified under at least 20 categories, which will obstruct journalists from disseminating information on important issues in a responsible way.

Designated officials will have to comply with information requests from the public within 20 days of formally receiving them. But in cases involving the right to life and liberty, requests for information would have to be met within 24 hours.

There are some provisions, which weaken economic and business reporting disregarding the principles of mass communication, the specialists said.

A number of security and intelligence agencies have been kept out of purview. However, if the information related to their corruption and human rights violation is demanded, they are obligated to provide those within 30 days under the ordinance.

The ordinance came into effect with the government publishing a gazette notification late Monday asking authorities concerned to appoint a responsible officer within 60 days of the promulgation of the law at each information delivery unit.

People will have to wait 90 working days before they can make use of the law to get information from all public, autonomous and statutory organisations and other private institutions run on government or foreign funding.

According to an official statement issued Monday night an Information Commission would be formed within the next 90 days to oversee execution of the law and resolve public complaints regarding access to information.

The agencies, which would remain out of the jurisdiction of the law, are National Security Intelligence (NSI), Directorate General of Forces Intelligence (DGFI), Defence Intelligence Unit and Criminal Investigation Department (CID) of police.

The Special Security Force (SSF), intelligence cell of National Board of Revenue (NBR), Special Branch of Police and intelligence unit of the Rapid Action Battalion (RAB) would also be kept out of its purview.

The ordinance classifies such information which may pose threat to security, integrity and sovereignty national, obstruct law enforcement or incite any offence, endanger public security or impede due judicial process of a pending case that cannot be divulged.

The ordinance also provides for with holdings such classifies information that may effect any criminal investigation, be prejudicial to the special rights of Parliament, documents including summaries to be placed before the cabinet, or the council of advisers and information relating to discussion and decision of such meetings.

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