Operationalizing the Right to Information Act through E-Governance in Bangladesh: Challenges and Opportunities

ABSTRACT

Over the years, lack of transparency and accountability has become a common feature in the delivery of public services in Bangladesh. Bangladesh’s introduction of The Right to Information Act 2009 (‘RTI’) was intended to achieve greater access to government information and to promote better public transparency and accountability. However, this article suggests that there has been minimal improvement in the situation despite recent legislative changes. The implementation strategies, which follow a top-down approach, is inappropriate and ineffective in promoting the involvement of citizens, which is particularly important in RTI related practices. The article proposes that the present challenges in encouraging people to get involved in the RTI process can be addressed appropriately with an Integrated E-governance Model, and that the proposed approach could be an alternative to the present model for the implementation of the RTI Act in Bangladesh.

KEYWORDS:

• Right to Information
• policy implementation
• e-governance

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. Magna Carta, also known as Magna Charta, is a charter agreed by the English king John to make peace between the king and a group of rebel barons to protect the rights of the Church and barons to access justice from illegal imprisonment and feudal customs (legal and military customs practised in medieval Europe) paid to the Crown. In 1297, it was confirmed it as a part of English Statue Law and confirmed it as a part of English Statue Law and of English political life. Also, Read Danny Danziger and John Gillingham, 1215: The Year of Magna Carta.

2. The International Bill of Human Rights that comprises the UDHR, the ICCPR; The Universal Declaration of Human Rights, adopted 10 Dec. 1948, U.N.G.A. Res. 217 A (III) (1948); International Covenant on Civil and Political Rights, adopted 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976); The International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976.

3. According to Open Society Initiate, 113 countries have Access to Information (ATI) Provisions in their National/Federal Laws or Actionable Decrees, and Dates of Adoption Significant Amendments till September 2016. See: https://www.right2info.org/recent/access-to-information-provisions-update;.

4. The Official Secrets Act 1923.

5. The Penal Code 1860.

6. The Evidence Act 1872.

7. The Rule of Business of 1966.

8. The Government Service (Conduct) of 1979.

9. Caretaker Government In the parlance of the institutional government, a caretaker government is one which normally takes care of state administration for an interim period until the regular new government is formed.

10. The Union Parishad is the lowest tier of the local government system in Bangladesh.

11. Khas land means government-owned fallow land, where nobody has property rights. It is land that is deemed to be owned by the government and is available for allocation according to government priorities.

12. ‘Digital Bangladesh’ is the mid-term vision of the Awami League (AL) led-alliance set during the national election of Bangladesh in 2008. This is the political commitment of AL to make Bangladesh a modern, technologically advanced country by the fiftieth anniversary of its independence in 2021.

13. Ward shova means a meeting that is held at the ward level. It is not mandatory for wards and UPs to hold such meetings under the Local Government Act, 2009. However, over the years, it has become a significant part of the participatory budget process. Ward shova is a part of UP planning process. It is represented by the people of the ward who discuss common problems and prioritises the most important ones. Later, key issues from the wards are sent to UP for open budget sessions.

14. See the Federal Transparency and Access to Governmental Public Information (LFTAIPG) Act.

15. Ibid.

16. At present, there are 12 crore and 68 Lakh active mobile SIMs in the country, which is equal to 82% of the population of Bangladesh.

17. Ibid.

18. Services offered at UDC include birth and citizenship certificates, government forms, circulars, notices, online applications and admission forms, access to results of public examinations, entry population census data and a list of CCs of the UP.Apart from these services, information also available about education, agriculture, health, natural disaster management, science and technology and employment.

19. The Daily Star, Govt nods policy aiming 100pc teledensity by 2021, The Daily Star (Online), June 27, 2016. https://www.thedailystar.net/country/govt-nods-policy-aiming-100pc-teledensity-2021-1246528.

20. The Daily Star, Rise of Youth, The Daily Star (Online), November 19, 2014, https://www.thedailystar.net/rise-of-youth-51048.

21. Rahman, above n, 100.

22. Ibid.

23. Available at National Curriculum and Textbooks Board Website. http://nctb.gov.bd/site/page/c194a371-4cca-40a7-a269-0597e44c5816.

24. Hossain, et.al, ‘Govt. to offer Internet in 772 unions by 2018’ Dhaka Tribune (online), March 27th, 2017. https://www.dhakatribune.com/bangladesh/2017/03/27/govt-offer-internet-772-unions-2018/.

25. BTRC, Anual Report 2014–2015, Bangladesh Telecommunication Regulatory Commission. (online) http://www.btrc.gov.bd/sites/default/files/paper_files/Annual%20Report%20Book.pdf.

26. Ahmed, Sharif, ‘Park spark for ICT revolution’ The Independent (online) http://www.theindependentbd.com/post/117756.

27. Union Parishad is the lowest tier in the local administrative structure that operates at the grass root level in Bangladesh.

28. Paurashava is a local government unit that works in semi-urban settings in Bangladesh.