Bangladesh has been chronically suffering for the last 85 years for a faulty poverty contributive law [Official Secret Act of 1923] inducted during the colonial time. That Right to Information [RTI] drafted is itself a victory and worth celebration by those who dream and work for a different society with free flow of information. However, it is also time to ask how far the proposed draft information law will take us in building the society we dream of! It is important that we identify the loopholes at the very outset no matter where including the government structure or in the prevalent market mechanism or society at large! Or interfaced in all segments!
Changing the age old story of negative relations and wrong culture of hiding information
Analysis must start with binary relations around those who clamor for information and those who hide information by abusing their power and prerogatives. It is good to see that the issue of empowerment is very much in the preamble. In a society of farmers versus absentee block supervisors/agriculture officers well protected by his boss in the agriculture department /ministry, a society dominated by a minority section amassing money by delaying file processing versus victim citizens, a society of reluctant doctors [supposed to issue medical certificate] and rape victims, a society of commodity stockists versus customers / small producers, where the aratdars of rice make super profit at the cost of producers and customers, mixes poison in fish & fruits to make money at the cost of citizens’ health, a peripheral society of poor customers and remote multinationals, it is imperative for the greater societal good to be cagey enough in making strategic use of RTI. However, global corporates are not within the jurisdiction of RTI in its present form and content. It is very rosy to visualize perceived changes in their relations of farmers, housewives, rape victims, acid victims, stitch women, micro borrowers, garment workers, construction workers, milk producers, fisher folks, sweepers with their counterparts so and so forth.
In an economy of 140 million population characterized as too many buyers, too many sellers with free flow of information has a great potential to emerge as a huge market under nearly perfect competition, dreamt by every economist. Such dream will only be achieved when free flow of information is ensured, curtailing super profit by the hidden syndicates. Such market competition to achieve system efficiency can not be imagined even in the developed economies dominated by corporate monopoly killing competition and making super profit by externalizing costs on poor customers and environment.
Reality Check
Thanks for the space has been created for the citizens to give opinions for further refinement. In that regard a three day consultations were organized by GonoGobeshona with different stakeholders in Jessore. Methods ranged from questions answers on bilateral basis to focus group discussion as well as large gathering followed by staff training on different aspects of the said draft law. Bilateral with lawyers, journalists, government officials including district information officer, upazila statistical officer were organized. FGD with teachers /NGO workers/ human right activists / large gathering at union parishad were held. Lawyers, elected representatives, doctors, farmers, students, professors, teachers were consulted. Interviews with district information officer and upazila statistical officer revealed some of the weaknesses that
block free flow of information.
Field investigation reveals conflict of interests between duty bearers versus right holding citizens. They are farmers versus block supervisors/ agriculture officers, rape victims /acid victims versus doctors responsible to issue relevant certificates, stitch women versus intermediaries, micro borrowers versus financial service providers etc .They spread in the government as well as in the market sector nay in the whole society. We need to strike a balance between consumer rights and growth. Very pessimistic view came from the upazila statistical officer. Their job description has been ridiculously vague with no job satisfaction. It seems that further negotiation and facilitation might be useful if we are interested in a society acceptable by all.
Questions are being raised in the talk shows in different media regarding why CTG in formulating such important law? Question has been raised-who are not elected by popular vote. Counter questions are also being raised what elected governments did all these years in this regard! They did not do it when they were in power. An ex MP rightly put it – law making by a political government without public citizen is equally faulty from democracy polity point of view. Sedentary work by the senior government officials followed by taking those at cabinet meeting and finally raising in the parliament with almost zero role of MPs except yes or no in the parliament in the process of making law is not beyond question. In such a process that citizens’ views will be reflected there is no guarantee.
A stagnant society where minority rich are powerful enough to transfer wealth by hiding / monopolizing information and the rest majority saw this as a reality and already took a cultural shape it is difficult to achieve bigger success overnight. We are in a society where we have more syndicates than real businessmen and investors, more politicians than leaders, more file hijackers than service providers who are in alliance to make money by hiding information. Societal transformation from wealth transfer into wealth creation where majority citizens have shares on increased cake is not a cake walk and obviously daunting task to perform. Success of such progressive law hinges on greater leadership challenge of a breakthrough into wealth creation where information and technology plays a vital role.
The other inadequacy is perhaps the shrinking role of the government with expanding role of market is not adequately reflected. An example: telecommunications. Earlier government monopoly versus present competitive market seems to be a good case to illustrate the point. There are reasons to predict further expansion of the trend in the years to come. Hence market related issues must be addressed in RTI so that rights of citizens as customers in the market are protected.
Recommendations- Recommendations came both in contents and implementation mechanism. Some of those are:
- Align different layers-Different vertical layers including union parishads, upazilas, districts need to be aligned with highest layers in Dhaka. At present why upazila statistical officers and district information officers are not related – is not clear. Union level information workers –ICT based union parishads- should be linked so that voice of the majority poor citizens are heard at policy level. Align Information officers at different upper tiers and information workers at the grassroots with vertical implications reaching the most producers of primary goods and services;
- Commission must be able to enjoy enough independence.
- Market must come under the jurisdictions of RTI so that intermediaries provide quality services through creative facilitation of infomediaries and do away with syndicate that block information and cripple market performing efficiently;
- Scrap Official Secret Act as it contradicts RTI. Two can not coexist.
- Implementation Challenges -Good laws and policies are no good if are not backed by appropriate organizational structure with congenial values. It is imperative that we develop implementation mechanism. Laws are not enough if does not result into evidence based delivery. Implementation mechanism must address how to align union level information workers down the earth, as perceived as future information workers engaged directly with the citizens producing primary productions and services. These information workers at the grassroots are required to be aligned with the upazila statistical officers [proposed as upazila information officers] and district information officer eying strong local governance. Present structure allows district information and upazila statistical officer work without coordination with no manpower arrangement at union level. This anarchy must go. Presently we have good physical infrastructure at union parishad level where ICT can effectively address the issue of bottom up information management. RTI must evolve mechanism of addressing the interests of primary producers as well as consumers. This needs to be interfaced with strengthening local governance. With too many small rural producers and too many urban consumers with free flow information RTI should enable environment for bringing efficiency in the market- as a breakthrough move from market imperfect towards perfection process. Without such implementation mechanism I am afraid such a good progressive law [some people think better than RTI in India] may not be able to deliver expected results in bringing changes;
- Loopholes should be addressed. Punishment in cash of 25,000/-taka and time frame of 30 days are too simplistic according to different stakeholders. Opinions came for minimum 4-5 permutations and combinations to address differences/ variations in issues and extent of crime. For corruption busters with access to suitable position and power to amass corruption money 25,000 taka may not be enough as punishment – jail, early retirement in their various permutations and combinations- were recommended by different stakeholders;
- Information society -It is important to recognize – success of right to information law very much hinges upon evolving a society weaved in information. A panel of experts may work on social engineering on envisaged Information society perceived as a prerequisite of RTI success. Such information society is perceived to be nurturing downward accountability as foundation of future organic democracy.
- Civil society role in successful implementation needs to be evolved to interface with government and market.
- Equal access to information by weaker sections of the society including women, children, ethnic communities, persons with disabilities, disaster victims etc must be ensured; Appropriate mechanism shall have to be developed in this regard;
- Whistle blower role has to be very much part of implementation mechanism. What were previously observed even MPs failed to get information from different departments/ministries; not to speak of the ordinary citizens;
Finally how much we can achieve out of RTI will hinge on how far we move in the transformation process into information society and to likely to deepen delivery as we make brave move into knowledge society. Knowledge society is our last frontier in the change process. That’s the future reality. A little step today will empower us to make big leap tomorrow through synergy. If we dream a more perfect market, if we dream a better public service, if we envision a better governance and accountable democracy act now for a refined RTI. What we do today will shape our children’s future tomorrow.
Views expressed here are personal. Concerned organizations are not responsible for those. |
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