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Civil society urges overhaul of laws that are against public interest

Law Adviser Dr Asif Nazrul says reforms to the CSA are necessary, and that initiatives in this regard will be undertaken soon

Update : 29 Sep 2024, 09:44 PM

Civil society leaders on Sunday called for an overhaul of the Information Commission and amendments to the Right to Information Act to ensure that citizens can fully benefit from their right to access information.

They suggested that the reform of the commission and amendments to the act should involve input not only from the government but also from stakeholders working in the field of access to information.

Describing the act as an important and effective tool for good governance, transparency, and accountability, they demanded the removal of barriers within the act and a shift in the mindset of the authorities responsible for providing information.

The call was made during a roundtable titled “Access to Information for Transparency- and Accountability-Based Good Governance: Role of NGOs,” held at the NGO Affairs Bureau auditorium in Dhaka.

The event was jointly organized by the NGO Affairs Bureau, RTI Forum, and Manusher Jonno Foundation (MJF), a coalition of institutions and individuals who played a key role in the enactment of the Right to Information Act, 2009.

At the event, Law, Justice, and Parliamentary Affairs Adviser Dr Asif Nazrul stated that reforms to the Cyber Security Act were necessary, and that initiatives in this regard would be undertaken soon. He pledged to address this issue from within the ministry.

Dr Nazrul noted that while the Right to Information Act was passed during the previous government, other problematic laws, such as the Right to Destruction Act and the manipulated Cyber Security Act, were also introduced. He stressed the need to amend these laws under the current government.

Regarding the Cyber Security Act, Dr Nazrul argued against its complete cancellation, suggesting instead that cognizable offenses should remain, but the act should be reformed. He added that a reform commission would be established, and a report would be provided. “We will address issues of social consensus, such as the Cyber Security Act, as soon as possible,” he said.

Dr Iftekharuzzaman, Executive Director of Transparency International Bangladesh (TIB), expressed concern over whether the country was transitioning from one form of authoritarianism to another. He criticized the Information Commission for being led by party loyalists, and argued that its reform should not be left solely to government officials. “The government can propose names, but appointments to the Information Commission should be based on the input of those invested in the Right to Information Act,” he said.

He further emphasized the need to amend the 2009 Act, particularly the exemption list, but noted that such amendments should not be carried out solely by the government. Suggestions from civil society, led by the Information Rights Forum, should also be considered. Media and civil society representatives should be involved in the reform process, including members of the mass media.

Shaheen Anam, Executive Director of MJF and Convener of RTI Forum Bangladesh, delivered the keynote address. Dr Iftekharuzzaman, Anwar Hossain, Director (Joint Secretary) of the NGO Affairs Bureau, and Hasibur Rahman, Executive Director of MRDI, also spoke during the panel discussion.

In her remarks, Shaheen Anam noted that while the Constitution does not explicitly mention the Right to Information, it does include the right to Freedom of Expression in Article 39, which serves as the foundation for the act. She added that the Information Commission, as an independent institution, has not played a significant role in holding governments and democratic institutions accountable. The commission’s inadequate involvement in the implementation and enforcement of the act has, at times, created a bottleneck between the demand for and supply of information.

Hasibur Rahman highlighted the need for courage among NGOs in disclosing information and strengthening their position. He stressed that the core principle of the act is maximum disclosure and minimum confidentiality. “Most of the information we have is shareable and intuitive. The law was drafted with this in mind, and we emphasized it strongly,” he said.

Rahman also recommended that the Right to Information Act and the NGO Affairs Bureau should ensure the accessibility of information on websites, including in Bengali. He called for the Bureau to provide clear guidelines under Rule 10 of the act and to increase participation in United Nations e-Development initiatives.

Anwar Hossain noted that the Bureau of NGO Affairs developed updated Disclosure Guidelines in 2020 but acknowledged the need to improve information storage processes. “Our Bureau offers online registration and projects to streamline information rights. If we can move processes online, people will not need to come to the office, though we do have some limitations,” he said, adding that the UNDP would assist in strengthening these efforts and updating software.

Also in attendance were Md Mahmudul Hossain Khan, Secretary of Coordination and Reforms of the Cabinet Division; Shish Haider Chowdhury, Secretary of Information and Communication Technology (ICT); Md Abu Sayeed, Director General-1 (Additional Secretary); and Saidur Rahman, Director General (Grade-1) of the Bureau of NGO Affairs. The Program Coordinator of iSocial, Ananya Raihan, also participated.

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