Massive plan to enact, implement RIA
The Ministry of Information chalked out a massive plan for enacting and implementing the proposed Right to Information Act (RIA), a modified draft of which now awaits the law adviser's nod.
Government officials said the law ministry might send a draft of the ordinance to the information ministry some time next week for the final approval of the council of advisers, for promulgating it sooner than later.
Since the act's promulgation, 90 days will be given to the government to set the ground and to equip all its offices down to the upazila level so information can be made available from the 90th day of RIA's promulgation. All ministries will also be engaged in the process to meet the deadline.
"We desperately need participation and cooperation of the ministries for successful launching of the Right to Information Act," Information Secretary Jamil Osman told The Daily Star in his office on Thursday.
Terming the task a huge challenge, he said his ministry however took comprehensive preparations for completing within the deadline all tasks ranging from formation of the proposed Information Commission to making the entire government machinery ready to provide information.
Sources in the information and law ministries said each ministry and thousands of departments and divisions under those will be considered separate units, each of which will have a designated officer who will be responsible for providing the information sought.
Every ministry will have a coordinating agency or an information desk, so that required information can be given to seekers within the stipulated time.
According to the proposed provisions of the act, information has to be provided within 20 days of application and the applicant must be informed within 10 days of application if any office is unable to provide the information sought.
Earlier, the Ministry of Information brought amendments to the Right to Information Ordinance 2008 following directives from the cabinet. The cabinet okayed the draft on June 18 with a few changes in wording, rewriting a few clauses, and merging some sections.
"The government is very keen to establish citizens' right to information before handing over power to an elected government in December," said the information secretary, adding that everything is moving forward fast since the government is very serious about it.
Once the act is promulgated, there will be widespread publicity of it in the media explaining the provisions and the procedure for applying for information, said a government official concerned. "At first all the units will be made aware of the importance of the act," the official added.
Government officers will be provided with copies of the act. There will also be training sessions for the officers, particularly for those who will be engaged in the process of disseminating information.
"Success of it depends on how the units and the officials respond to it," said a law ministry official, adding that proper implementation of the act will be necessary to ensure free flow of information.
"The more you will disseminate information among citizens, the more successful the initiative will be," he added.
The three-member proposed Information Commission, with a five-year tenure, will be the supreme authority for implementing RIA, the members of which will be appointed on contractual basis.
The president of the country will appoint the commissioners from a list of names to be proposed by a five-member nominating body to be headed by a judge of the Appellate Division of Supreme Court. One of the commissioners will be a woman.
"The commission will have enormous power for implementing the act," said Jamil Osman, adding that anybody found to be showing negligence in providing information will be dealt with iron hands.
Anyone found guilty of refusing to provide information or giving wrong information can be fined Tk 5,000, besides departmental actions against the guilty.
An applicant may also go to the heads of government offices concerned for information. If not satisfied, the person will also have the right to go to the proposed high-powered Information Commission.
"Government officers found guilty of non-cooperation will be handed out punishments ranging from official rebuke to expulsion from job under the Disciplinary Appeal Rule 1985," said the information secretary. He however said the Information Commission will refer such matters to ministries concerned for investigation and for meting out punishments to guilty officers.
Sources said some information seekers however will face some difficulties in getting some information. A citizen who is a resident of a rural area will have easy access to local information, but for information about any other place or central units the person might have to travel to district or divisional headquarters, or to the capital.
"It might be a bit troublesome for them," said a senior information ministry official. He said there will also be provisions barring disclosure of information regarding some specific matters involving the country's security and sovereignty.
"People will not be able to seek information about the National Security Intelligence (NSI), Directorate General of Forces Intelligence (DGFI), Special Branch (SB), the intelligence cell working under the National Board of Revenue (NBR), and about the international treaties signed with foreign countries by the Ministry of Foreign Affairs" the information ministry official said.
"There will also be a bar on disclosing information that might harm an individual, and on information about public examinations that is supposed to be classified," he informed The Daily Star.
A fee will be required, which might also discourage citizens from seeking information, said the official seeking anonymity while adding that the poor will be exempted from paying the fee, although determining 'poor' will be a problem.
The military backed caretaker government took the initiative to formulate the law with an aim to empower the people as well as to ensure transparency and accountability in governance, as part of its institutional reforms.
Earlier, the Ministry of Information prepared a draft, according to which the government and other institutions using public funds will have to provide the people with information they seek.
A total of 68 countries so far promulgated such acts allowing their citizens to learn about the activities of their governments, enhancing transparency and accountability in many of those countries.
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