世界发展银行-Bangladesh-_-Political-Economy-of-Right-to-Information_34页_417kb

Summary of Bangladesh: Political Economy of Right to Information

Core Content

The Right to Information (RTI) Act, 2009, in Bangladesh is a significant legal milestone aimed at empowering citizens with access to government information and promoting accountability and transparency. Enacted in March 2009 by the democratically elected government, it was preceded by a caretaker administration that laid the groundwork through the RTI Ordinance in 2008. The RTI Act is a product of collaboration between the government and civil society organizations (CSOs), particularly those based in Dhaka, and is intended to support good governance, anti-corruption, and democratic values.

Main Points

• Legal Context: The RTI Act was introduced to ensure citizens can obtain information from government and non-governmental bodies, with the goal of making governance more transparent and accountable.
• Implementation Status: As of 2019, Bangladesh ranked 26th in global RTI implementation with a score of 109, ahead of Pakistan. However, citizen awareness of the RTI Act remains low, with only 7.7% of 12,800 surveyed citizens aware of the law.
• Supply vs. Demand Side: While designated officers (DOs) and heads of office have improved their understanding of the RTI Act, the demand side—citizens—has not seen similar progress. Many DOs reported not receiving any RTI applications, indicating a lack of engagement.
• Institutional Challenges: The Information Commission (IC), responsible for enforcing the RTI Act, is composed mostly of retired civil servants, which may lead to a lack of proactive leadership and a tendency to prioritize bureaucratic procedures over citizen access.
• Procedural Hurdles: The RTI process in Bangladesh is often seen as overly bureaucratic, with many applications being rejected due to procedural errors. This hinders the effective implementation of the act.
• Penalties and Enforcement: The IC has been hesitant to impose penalties on non-compliant DOs, which undermines the enforcement of the RTI Act. Only 38.64% of non-compliant DOs were fined between 2011 and 2018.
• Hearing Issues: Hearings are frequently deferred due to the absence of the respondent, and the IC does not allow observers, which can lead to harassment of complainants and questions about the fairness of the process.

Key Findings

• Low Citizen Awareness: Only 7.7% of citizens are aware of the RTI Act, which is a major barrier to its effective use.
• Institutional Composition: The IC is dominated by retired civil servants, who may not fully support the pro-citizen mandate of the RTI Act.
• Procedural Complexity: The RTI process is perceived as too complex and bureaucratic, which discourages citizens from using it.
• Inadequate Enforcement: The IC lacks the will or capacity to enforce the RTI Act effectively, often deferring hearings and not imposing penalties.
• Political Will: Despite initial political support, the single-party dominance since 2008 has affected the momentum of RTI implementation.

Research Objectives and Questions

• Objective: To provide an unbiased assessment of the RTI Act's implementation in Bangladesh.
• Research Questions:
  • How do stakeholders perceive the institutional arrangement, capacity, and enforcement of the RTI Act?
  • What are the challenges and barriers preventing citizens from using the RTI Act?
  • What roles do the state and civil society play in the implementation of the RTI Act?

Methodology

• Literature Review: To understand the context and rationale behind the RTI Act.
• Key Informant Interviews (KII): Conducted with civil servants, CSO leaders, media professionals, and other stakeholders.
• Case Studies: Three case studies were selected to analyze the real-world application and challenges of the RTI Act.

Structure of the Report

The report is divided into the following sections:

• Theoretical Analysis
• Accountability of the State and the RTI Act
• Information Commission: Institutional Arrangement, Capacity, and Enforcement
• Role of Other State Functionaries
• RTI Act and Other Legal Frameworks
• Political Development since the RTI Act's enactment
• Supply and Demand Attributes and Drivers of RTI

Case Study Summary

Case Study 1: Use of RTI Act to Seek Information from Upazila Primary Education Office

• Problem: A newspaper, Prothom Alo, sought information on digital attendance machines for government primary schools, but received no response from the Upazila Primary Education Officer.
• RTI Appeal and IC's Action: The appeal was made to the Dhaka District Primary Education Officer, who also did not respond. Prothom Alo then filed a complaint with the IC.
• Hearing Issues: The officer was absent from the first two hearings, and the IC did not follow up effectively. The IC allowed the hearing to be postponed multiple times, which discouraged the complainant and raised concerns about the fairness of the process.
• Lesson Learned: The lack of summoning and follow-up by the IC indicates a failure in enforcing the RTI Act and supporting information seekers.

Conclusion

The RTI Act, 2009, in Bangladesh has the potential to enhance transparency and accountability, but its implementation is hindered by low citizen awareness, bureaucratic procedures, and a lack of political will. The IC's composition and approach to enforcement are critical factors affecting the effectiveness of the act. Improving the act's implementation requires addressing these institutional and procedural challenges.