IMPLEMENTING THE RTI IN BANGLADESH: THE PRIMACY OF POLITICS Iftekharuz Zaman Executive Director Transparency International Bangladesh Central Information Commission Annual Convention New Delhi, 13 September 2010
The Context • Multi-stakeholder campaign – Civil society, media the driving force • 1983 ►► 2004 ►► 2008 ►► 2009 • Bangladeshi tradition of civic engagement in democratic institutionalization • The RTI Act 2009 – Comparable to similar laws/Acts elsewhere – Welcomed and criticized (exemption list) – Expectations overload
RTI - Primacy of the Political Passing of the Right to Information Act is an epoch-making incident in Bangladesh history … it will greatly help establish accountability and transparency in every sphere of society and the administration … the government will continue to work to safeguard the people's right to information … Sheikh Hasina Prime Minister of Bangladesh
RTI in Bangladesh: A political opening? • The political will - how deep & genuine? • Time will tell, but notably: – Not just because of Civil Society demand & for the CTG-period Ordinance – National consensus – electoral pledge of all major political parties (esp the ruling Awami League’s specific pledge plus several supportive ones) – One of the acts that clearly received priority in the very first session of the 9 th Parliament
RTI in Bangladesh: Responsibility of political leaders • No clear strategy yet – No true lead agency – Low inter-ministerial coordination – No action plan, reporting, monitoring • Fledgling Information Commission – Independence, effectiveness, resources – New territory for the Commissioners – training & capacity building • RTI-friendly Demand & Supply Side – not yet – Low proactive disclosure in public institutions – New to the demand side
RTI in Bangladesh: Responsibility of political leaders • RTI-friendly IM System – No initiative to transform the archaic IM system to facilitate easy, dependable and secure archiving and retrieval • Hardly any signs of transition from a culture of secrecy to openness – Ownership of the law & capacity – Challenging the mindset & inertia
RTI in Bangladesh: Responsibility of political leaders • RTI-Friendly legal system – Review and analysis the applicability of the Act – Harmonization/reform of existing laws with the Act to remove any inconsistencies • Remove Legal and other provisions that may make it difficult to enforce the RTI Act – Officials not clear about the dividing line – Few politicians consider it their responsibility • Create the supportive institutions - courts and law-enforcement system
Can they deliver? Deficit in democratic practice - the Devil • • • Gresham’s law in politics Politics as a business/investment Mutual tension bordering on hatred Bureaucracy-dependent political elite Low level of democracy, transparency, disclosure in political parties • Zero-sum game – winner takes all
Dropping Tender -- “Winner takes all” ….
“Its our turn” …
The result could be … Democracy – off the people buy the people far the people
Challenges • RTI will be resisted – from within – Politicians & public officials – for it reduces the scope of discretion & abuse of power – Business for vested interests in the triangular collusion – Media as a party in the collusion – NGOs for gains from non-disclosure – Civil Society for disunity and low capacity
Looking ahead RTI not in isolation from politics • Rule of law/effective institutions – the Parliament, courts, law-enforcement, bureaucracy and oversight system • Strengthen democracy within political parties – internalizing openness • Democracy with the people - empower those to whom power is to belong, create stronger citizens voice & demand
Know your rights Control corruption
Thank you edtib@ti-bangladesh. org Tel: 880 -2 -9862041, Fax: 880 -2 -9884811 www. ti-bangladesh. org
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