Opinion
RTI’s decline in the face of global autocratisation
By Shamsul Bari and Ruhi Naz
The global surge in the adoption of right to information (RTI) or freedom of information (FOI) laws since the fall of the Soviet Union and the breakup of Eastern Europe three decades ago appears to have died down. Once regarded as the democratic “rite of passage” for nations, the law’s use is in fast decline, and the main reason for that is the growing autocratisation of governance. The promise of the law – increased transparency in governance through independent access to government-held information, exposing corruption and maladministration and encouraging citizens to participate more fully in the political process – has failed to live up to expectations. Citizens increasingly fear that their RTI interventions in probing questionable government actions may land them in trouble.
Such fears affect the use of the RTI law. The expectation was that people would avail of the law as they became more aware of how it could monitor the work of government bodies. However, the reality is rather disappointing. Some governments have even sought to scale down the scope of the law and limit its operations. Others leave a large number of information requests unanswered. The use of exemption clauses to refuse information without justification is equally rampant. Instead of opening up, secrecy seems to be sneaking in. Information commissions are often reluctant to step in.
The good news, however, is that in Bangladesh, the law has been kept alive by many NGOs, diehard activists and ordinary users by putting it to use for purposes that are less likely to incite government wrath.
RTI law’s use in Bangladesh has been largely limited to matters of personal or professional interest, or for the collective benefit of society. They range from safeguarding personal entitlements, such as safety net and other government benefits, to ensuring proper administration of government services benefiting society at large, such as public work, sanitation, education and health.
While the creation of a culture inspiring citizens to use the law for its larger objectives of holding the government to account remains a distant dream, there is still room for hope if we can deepen the process of citizen-government interaction that has already begun. In states emerging from long-standing colonial rule, citizens inevitably inherit a subservient mentality towards rulers and a willingness to accept official secrecy as an essential tool for governance. They find it difficult to accept the new reality where they are considered the actual owners of state power and, as such, commanding the right to know how their governments work. For the same reason, it is equally difficult for public officials to accept that they are now accountable to the citizens.
Unless there is a drastic change in the mentality and attitudes of citizens and public officials alike about the new reality, RTI cannot flourish. To achieve that goal, it is important to pursue the path of close interaction between citizens and public officials – the information seekers and information providers – through continuous use of the RTI process.
Such an approach may be pursued on many issues of public interest that are of importance to the government and people alike. Some such areas were brought to our attention recently by the Bangladeshi NGO, BLAST, which provides legal aid and services to the indigent and underprivileged in the country. Among its various activities, it also seeks to promote respect for the laws and policies of the land. BLAST’s use of the RTI Act has yielded results in a wide range of areas.
Prevention of sexual harassment at public places and educational institutions: BLAST wished to find out whether the 2009 directive of the High Court for the formation of a sexual harassment prevention committee was being respected by public bodies. Its RTI intervention in May 2022 with the Bar Council revealed that a complaint committee was indeed formed recently, perhaps following the intervention, and measures were taken to deal with complaints. The intervention apparently led to the subsequent order of the Supreme Court to form sexual harassment prevention committees in every district court, in some of which BLAST was included as a member. Similar intervention with 45 public and private universities in the country led to commitment to form such committees.
Abolishing corporal and psychological punishment in educational institutions: A 2011 judgment of the High Court declared all forms of corporal and psychological punishments in educational institutions as “illegal and unconstitutional.” In compliance with the ruling, the education ministry issued a circular prohibiting corporal punishment in educational institutions in 2010, and new guidelines prohibiting both physical and psychological punishments in 2011. Several years later, as BLAST began to utilise the RTI Act, it decided to submit RTI requests to various government entities, dealing with public education between 2017 and 2020. It asked for information relating to implementation of the High Court judgment as well as the ministry directives. The purpose was to discover if the subject was discussed at school meetings and measures undertaken to sanction teachers for failing to follow the High Court directives. It appeared that concrete measures were undertaken by the relevant authorities only after BLAST intervened. The subject was subsequently included in Teacher’s Training manuals, and school inspectors were required to include their findings on the subject in their reports. In addition, the topic was reportedly included in the monthly coordination meetings of deputy commissioners.
Birth registration of children from separated families or without known parents: As birth registration in Bangladesh was made mandatory for all citizens and the process was digitised in recent years, it caused severe difficulties for many groups, including many of BLAST’s clients. To deal with them, BLAST submitted RTI applications to the authorities in several districts seeking information on the need for registration numbers of both parents and informing them about difficulties it created for orphans, street children or those whose parents’ information were unavailable. The intervention resulted in the eventual removal of the mandatory requirement of birth certificate of parents for birth registration.These examples should help citizens to use the RTI Act for similar improvements in other areas of governance. We must remember that the basic objective of the act is to provide citizens with an instrument to partake in efforts to promote good governance in the country. While election laws allow citizens to influence governance indirectly by choosing their representatives, the RTI Act provides them a direct role to play in that regard. These are the two main pillars of democracy.
(The Daily Star/ANN)
Dr Shamsul Bari and Ruhi Naz are chairman and assistant director (RTI), respectively, at Research Initiatives, Bangladesh (RIB
).
Opinion
A harsh reflection of Sri Lanka’s early-warning gap
Cyclone Ditwah:
Cyclone Ditwah, which swept across Sri Lanka at the end of November, caused massive damage to the country, the extent of which need not be mentioned here, as all are aware of it by now. Heated arguments went on among many parties with regard to how this destruction could have been mitigated and who should take responsibility. Although there may have been shortcomings in several aspects of how we responded to Ditwah, this article highlights a critical area that urgently requires attention if we are to protect ourselves from similar hazards in the future.
As is common in many situations, it has once again showcased a concerning weakness in the country’s disaster-management cycle, the gap between issuing early warnings and the expected public response. The Meteorological Department, the Irrigation Department, the National Building Research Organization, and other authorities issued continuous warnings to evacuate well in advance of imminent threats of flooding, landslides, and water hazards. However, the level of preparedness and community reaction fell short, leading to far greater personal property damage, including loss of a few hundred lives.
Sri Lanka is not unfamiliar with natural disasters. One of the most devastating disasters in our history could be considered the 2004 Tsunami event, which resulted in over 35,000 deaths and over $1 billion in property damage in the coastal belt. After the event, the concepts of disaster management were introduced to the country, which we have been adhering to since then. Again in 2016, the country faced massive river flooding, especially in western and southern regions, and until recently experienced repeated floods and landslides due to rains caused by atmospheric disturbances, though less in scale. Each of these events paved the way for relevant authorities to discuss and take appropriate measures on institutional readiness, infrastructure resilience, and public awareness. Yet, Cyclone Ditwah has demonstrated that despite improvements in forecasting and communication, well supported by technological advancements, the translation of warnings into action remains critically weak.
The success of early-warning systems depends on how quickly and effectively the public and relevant institutions respond. In the case of Ditwah, the Department of Meteorology issued warnings several days beforehand, supported by regional cyclone forecasting of neighbouring countries. Other organisations previously mentioned circulated advisories with regard to expected flood risk and possible landslide threats on television, radio, and social media, with continuous updates. All the flood warnings were more than accurate, as low-lying areas were affected by floods with anticipated heights and times. Landslide risks, too, were well-informed for many areas on a larger spatial scale, presumably due to the practical difficulties of identifying such areas on a minor scale, given that micro-topography in hill country is susceptible to localised failures. Hence, the technical side of the early-warning system worked as it should have. However, it is pathetic that the response from the public did not align with the risk communicated in most areas.
In many affected areas, people may have underestimated the severity of the hazard based on their past experiences. In a country where weather hazards are common, some may have treated the warnings as routine messages they hear day by day. As all the warnings do not end up in severe outcomes, some may have disregarded them as futile. In the meantime, there can be yet another segment of the population that did not have adequate knowledge and guidance on what specific actions to take after receiving a warning. This could especially happen if the responsible authorities lack necessary preparedness plans. Whatever the case may be, lapses in response to early warnings magnified the cyclone’s impact.
Enforcing preventive actions by authorities has certain limitations. In some areas, even the police struggled to move people from vulnerable areas owing to community resistance. This could be partly due to a lack of temporary accommodation prepared in advance. In some cases, communities were reluctant to relocate due to concerns over safety, privacy, and the status quo. However, it should be noted that people living in low-lying areas of the Kelani River and Attanagalu Oya had ample time to evacuate with their valuable belongings.
Hazard warnings are technical outputs of various models. For them to be effective, the public must understand them, trust them, and take appropriate action as instructed. This requires continuous community engagement, education, and preparedness training. Sri Lanka must therefore take more actions on community-level disaster preparedness programs. A culture of preparedness is the need of the day, and schools, religious institutions, and community-based organisations can play an important role in making it a reality. Risk communication must be further simplified so that people can easily understand what they should do at different alert levels.
Cyclone Ditwah has left, giving us a strong message. Even an accurate weather forecast and associated hazard warnings cannot save lives or property unless the public responds appropriately. As it is beyond doubt that climate change intensifies the frequency and severity of extreme weather events, people in Sri Lanka have to consider preparedness as a routine part of life and respond to warnings promptly to mitigate damage from future disasters.
(The writer is a chartered Civil Engineer)
by Eng. Thushara Dissanayake
Opinion
Feeling sad and blue?
Here is what you can do!
Comedy and the ability to have a good laugh are what keep us sane. The good news to announce is that there are many British and American comedy shows posted up and available on the internet.
They will bring a few hours of welcome relief from our present doldrums.
Firstly, and in a class of its own, are the many Benny Hill shows. Benny is a British comedian who comes from a circus family, and was brought up in an atmosphere of circus clowning. Each show is carefully polished and rehearsed to get the comedy across and understood successfully. These clips have the most beautiful stage props and settings with suitable, amusing costumes. This is really good comedy for the mature, older viewer.
Benny Hill has produced shows that are “Master-Class” in quality adult entertainment. All his shows are good.
Then comes the “Not the Nine o’clock news” with Rowan Atkinson and his comedy team producing good entertainment suitable for all.
And then comes the “Two Ronnies” – Ronnie Barker and Ronnie Corbett, with their dry sense of humour and wit. Search and you will find other uplifting shows such as Dave Allen, with his monologues and humour.
All these shows have been broadcast in Britain over the last 50 years and are well worth viewing on the Internet.
Similarly, in The USA of America. There are some really great entertainment shows. And never forget Fats Waller in the film “Stormy Weather,” where he was the pianist in the unforgettable, epic, comedy song “Ain’t Misbehavin”. And then there is “Bewitched” with young and glamorous Samantha Stevens and her mother, Endora who can perform magic. It is amazing entertainment! This show, although from the 1970s was a milestone in US light entertainment, along with many more.
And do not overlook Charlie Chaplin and Laurel and Hardy, and all the Disney films. Donald Duck gives us a great wealth of simple comedy.
The US offers you a mountain of comedy and good humour on Youtube. All these shows await you, just by accessing the Internet! The internet channel, ‘You tube’ itself, comes from America! The Americans reach out to you with good, happy things right into your own living room!
Those few people with the ability to understand English have the key to a great- great storehouse of uplifting humour and entertainment. They are rich indeed!
Priyantha Hettige
Opinion
There is much to learn
After the recent disaster, a great deal of information has been circulating on WhatsApp and YouTube regarding our reservoirs, highways, etc.
In many of these discussions, people have analysed what went wrong and how the damage could have been prevented. My question is this: why do all these knowledgeable voices emerge only after disaster strikes? One simple reason may be that our self-proclaimed, all-knowing governing messiahs refuse to listen to anyone outside their circles. It is never too late to learn, but has any government decision-maker read or listened to these suggestions?
When the whole world is offering help to overcome this tragedy, has the government even considered seeking modern forecasting equipment and the essential resources currently not available to our armed forces, police, and disaster-management centres?
B Perera
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