IMPLEMENTING THE RTI IN BANGLADESH: THE PRIMACY OF POLITICS

1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. Dropping Tender -- “Winner takes all” ….

10. “Its our turn” …

11. The result could be … Democracy – off the people buy the people far the people

12. 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

13. 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 withthe people - empower those to whom power is to belong, create stronger citizens voice & demand

14. Know your rights Control corruption

15. Thank you edtib@ti-bangladesh.org Tel: 880-2-9862041, Fax: 880-2-9884811 www.ti-bangladesh.org