Enact and enforce right to information law
Speakers tell workshop
Staff Correspondent
Legal experts, media leaders and academics yesterday called for the promulgation of a 'Right to Information Bill' to improve access to state information, but warned it would be ineffective unless there is political and administrative will to enforce the law.Speaking on the first day of a two-day World Bank Institute-sponsored workshop on 'Media and the information environment in Bangladesh,' they lamented that although there is a thriving media in the country, journalists gather information through informal channels and are sometimes forced to gather it illegally. They also said that the existing legal structure is 'extreme unfriendliness' towards the media, as the government ministers and officials are bound not to divulge information. World Bank Country Director Xian Zhu inaugurated the workshop at Hotel Sonargaon in the city. The Daily Star, Channel i and Mass-Line Media Centre are the partners of the workshop. Legal experts Tanjib Alam and Asif Nazrul of law department, Dhaka University, claimed that the 'restrictive laws' perpetuating the lack of access to information are usually accentuated while the more enabling 'supportive laws' in the system are overlooked. Speaking in two separate sessions on the legal framework of right to information law, Tanjib cited more than 10 existing provisions, which ensure that the people would gain access to certain types of information. He also mentioned two other rules that restrict information to different levels of the government. He said freedom of the press is enshrined in Article 39 of the constitution. Section A of the Article 39 ensures freedom of speech and expression while Section B ensures freedom of the press. Currently, both these provisions are suspended under the state of emergency, he added. But, he said, hardly any of the provisions are applied because of very weak enforcement of the laws and most public servants incorrectly cite the Official Secrets Act, 1923 to withhold information, as the Act only legally applies to information regarding the national security. "No amount of laws can help change the culture (of withholding information) unless enforcement of the law is ensured," he added. Laura Neuman of the US-based Carter Centre said restrictive laws such as the Official Secrets Act are capable of having a chilling effect on public servants as it puts them at risk of criminal punishment. These laws need to be removed so that state officials are not provided the tools to continue a culture where the media and the public are deprived of information, she added. Tanjib added that this culture and other restrictive laws prevent the media from accessing crucial public information, thereby preventing participatory democracy. He argued that a Right to Information Bill, which has already been drafted in consultation with the stakeholders, must be put into force to ensure deliberative democracy. He also said that there should be an independent commission to set objective criteria to determine which information are to be kept secret. Neuman said the objectives of creating an environment for access to information include improving accountability of the government and increasing transparency and public participation in national and local decision-making process. Nurul Kabir, editor of The New Age, said that journalists in Bangladesh obtain information through informal and social channels, but have no legal basis to do so. "We want to do it legally," he said, adding that this is required so that people of all strata can participate in decision-making to strengthen democracy. During a lunch presentation, Mahfuz Anam, editor and publisher of The Daily Star, said informed opinion on public policy is an integral part of development. He said economic growth cannot be achieved without good governance, and good governance cannot be practised without accountability which can be ensured by a vigorous and independent media. Joint Editor of the Prothom Alo Abdul Qaiyum also gave a lunch presentation while President of Federation of Bangladesh Chambers of Commerce and Industry Mir Nasir Hossain, Executive Director of Transparency International Bangladesh Iftekharuzzaman and Programme Director, Governance Studies Centre of Brac University, Manzoor Hasan presented papers.
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