IMPLEMENTING THE RTI IN BANGLADESH:THE PRIMACY OF POLITICS

Iftekharuz ZamanExecutive Director

Transparency International Bangladesh

Central Information Commission Annual ConventionNew 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 PoliticalPassing 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 HasinaPrime 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 9th 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 aheadRTI 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 rightsControl corruption

Thank you

edtib@ti-bangladesh.orgTel: 880-2-9862041, Fax: 880-2-9884811

www.ti-bangladesh.org