Why access to information remains elusive after 15 years of legislation

Bangladesh passed laws in 2009 to ensure citizens’ right to information, but this right remains little more than a paper promise.

“I have been trying to get information from a VAT office in Savar for a year and a half. Despite several attempts and even involving the Supreme Court, I still have not received it,” said Arup Roy, staff correspondent of Savar-Manikganj Bangla daily Ajker Patrika.

Arup has been a journalist since 1980 and has worked with several leading national newspapers. So far he has made 560 requests for information to various offices.

“But I won’t give up; I plan to return to court with a new plea,” he said, reflecting on his challenges in obtaining information under the Right to Information Act, 2009.

On February 5, 2023, Arup requested information about confectionery factories, traders and hotels from the Excise and VAT Customs Office in Savar Circle.

After not receiving the information within 20 working days, he appealed to the relevant VAT office.

When that failed, he approached the Information Commission on April 16, but the VAT Commissioner did not comply with the Commission’s request. Despite a virtual hearing where the officer was again asked to provide the information, he still did not do so.

Disappointed, Arup said: “I submitted a written application to the Supreme Court on June 20, 2024. Although the court ordered the information to be released, my renewed application was again rejected on July 14th. I will continue to fight and enforce my right to information.”

Arup said he had made 560 requests for information to various offices since 2009. Of these, only 10% were fulfilled through standard channels and 2% through appeals to higher authorities.

He obtained 50% of the information by filing complaints with the Information Commission. “All these efforts to get information have cost me around Tk 4-5 lakh so far,” Roy told TBS.

“When I file a complaint with the Information Commission, I feel like I am the culprit,” Arup said, suggesting that the commission often prioritizes protecting administrative activities over enforcing the law.

The Information Commission was established on 1 July 2009 under the Right to Information Act 2009 and is intended to function as an independent body.

According to the Commission’s website, complaints from citizens about the unavailability of information are being processed. Its primary mission is to assist individuals in obtaining information from all public, private and foreign-supported non-governmental organizations while promoting compliance.

The Commission’s aim is to resolve complaints related to access to information and to impose disciplinary measures against those who provide false or misleading information.

However, service recipients alleged that the commission has not worked effectively and independently in the last 15 years under the leadership of the Sheikh Hasina-led Awami League.

“Commission should be free from political influence”

Hasibur Rahman, executive director of the Media Resources Development Initiative (MRDI), told TBS: “Accessing information after submitting an application comes with limitations and important information is rarely available this way.”

Then there is Section 7 of the Act, which allows the authority not to provide certain information, he said.

“Section 6 of the Act deals with voluntary disclosure of information beneficial to the public. If all information were made public on the government’s 40,000 websites, it would alleviate many of the public’s problems,” he said.

Furthermore, the decisions of the Information Commission are not enforced locally. Its intended role should be to serve the public, he said, adding that the commission should operate free from political influence.

Hasibur Rahman also pointed out that an analysis of the Commission’s previous rulings on information claims found that almost 40% of requests came from journalists.

Even after 15 years, there is still a lack of awareness among the public about this law and its application, he added.

13 points from the TIB to guarantee the right to information

Transparency International Bangladesh (TIB) unveiled 13-point recommendations on its website yesterday to ensure universal right to information, information accessibility and public participation.

Recommendations include effective implementation of the Right to Information Law, removal of all legal and institutional barriers, comprehensive reform of the Information Commission, and amending and repealing laws inconsistent with the Right to Information Law, etc.

TIB Executive Director Iftekharuzzaman told TBS that the remarkable sacrifices of the youth and the overthrow of the authoritarian regime have inspired extraordinary optimism for rebuilding a new Bangladesh.

“Freedom of expression, the right to disagree and the unrestricted flow of information are essential goals of this vision. Ensuring the free flow of information is fundamental to our belief in creating a transparent, accountable and corruption-free Bangladesh,” he said.

Iftekharuzzaman called on the interim government to prioritize freedom of expression and the right to information as essential elements of this new era.