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2007 Assessment

Bangladesh: Integrity Indicators Scorecard

Bangladesh: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators   Score
12 Do citizens have a legal right of access to information? 0
13 Is the right of access to information effective? 15

Indicator and sub-Indicator Details

12 Do citizens have a legal right of access to information?
 
  12a: In law, citizens have a right of access to government information and basic government records.
 
Score: YES  NO score
  Comments: In Bangladesh, there are some laws, such as the Official Secrets Act (1923), the Evidence Act (1872), Penal Code, the Code of Criminal Procedure (1960), and the Rules of Business (1996) that are being imposed by the governments to curtail people's rights of access to information.

Article 19 of the Government Servants Conduct Rules, 1979 says: "A government servant shall not, unless generally or specially empowered by the government in this behalf, disclose directly or indirectly to government servants belonging to other ministries, divisions or departments, or to non-official persons or to the Press, the contents of any official document or communicate any information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of those duties, whether from official sources or otherwise."

"Journalists are denied general information in the name of the Official Secrets Act. Besides, it's not clearly mentioned which information can be disclosed and which ones are not. In most cases, government officials take advantage of the law even when journalists seek simple information," says Prof Dr Shakhawat Ali Khan, former chairman of Mass Communication and Journalism Department of Dhaka University, published in the Financial Express, 20th May 2007, [ LINK ]

People, including journalists, are denied information by officials who claim the Official Secrets Act, 1923.

References: The Official Secrets Act, 1923[ LINK ]

The Evidence Act (1872)

THe Financial Express, The Vital Right to Information, May 20, 2007, [ LINK ]

Peer Review Comments: It is true that there has been no "Right to Information Act" as it is being advocated. But there have been certain laws that enable the common people to ask the authorities for information. The laws are related to the local goverment bodies, especially the Union Parisahd, Upazilla Parisahd, Municipal Corporation and the other municipalities. Apart from that, as per the Rules of Procedure of the national Parliament--Jatiya Sangsad--the documents submitted before the Parliament are called public document. Laws and Orders promulgated by the government are also meant for public information. But the problem is that these laws are not often exercised, and people have little or no knowledge about them. Note should be made that a constitutional provision stipulates freedom of information and of conscience.

  12b: In law, citizens have a right of appeal if access to a basic government record is denied.
 
Score: YES  NO score
  Comments: Till date, there is no law on Right to Information in Bangladesh. At present, several civil society organizations have formed coalitions and networks to work at different levels to make the Access to Information act.

People, including journalists, are denied information by officials claiming the Official Secrets Act, 1923. The partisan division in Bangladeshi society, combined with the stringent laws on state secrets (Official secrecy Act 1923) also means that the access to information depends on personal connections and relationships with high-ranking officials.

References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. The Official Secrets Act, 1923.

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Power and Participation Research Center (PPRC), 2007, Governance Report 2007, p-116-126, Dhaka, Bangladesh

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Manusher Jonno, July 2006, Conference Report on Right to Informationw ww.manusher.org

Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 06, 2007, [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report  Bangladesh

The Daily Star, Bangladesh Needs a Right to Information Law Now, Sept. 28, 2006,  [ LINK ]

  12c: In law, there is an established institutional mechanism through which citizens can request government records.
 
Score: YES  NO score
  Comments: Till date, there is no law in Right to Information in Bangladesh. At present, several civil society organizations have formed coalitions and networks to work at different levels to make the Access to Information act.

People, including journalists, are denied information by officials claiming the Official Secrets Act, 1923. The partisan division in Bangladeshi society, combined with the stringent laws on state secrets (Official secrecy Act 1923) also means that the access to information depends on personal connections and relationships with high-ranking officials.

References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. The Official Secrets Act, 1923.

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Power and Participation Research Center (PPRC), 2007, Governance Report 2007, p-116-126, Dhaka, Bangladesh

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Manusher Jonno, July 2006, Conference Report on Right to Informationw www.manusher.org

Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 6, 2007, [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report  Bangladesh

The Daily Star, Bangladesh Needs a Right to Information Law Now, Sept. 28, 2006,  [ LINK ]

13 Is the right of access to information effective?
 
  13a: In practice, citizens receive responses to access to information requests within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: Till date, there is no law in Right to Information in Bangladesh. At present, several civil society organizations have formed coalitions and networks to work at different levels to make the Access to Information act.

People, including journalists, are denied information by officials claiming the Official Secrets Act, 1923. The partisan division in Bangladeshi society, combined with the stringent laws on state secrets (Official secrecy Act 1923) also means that the access to information depends on personal connections and relationships with high-ranking officials.

Under clause 3 of The Official Secrets Act, 1923, any person can be convicted of criminal offence if that person goes to a restricted place or proceeds toward that place or makes a map or sketch of that place or collects confidential information about that place or publishes that information. Under section 3(a) of the The Official Secrets Act, 1923, nobody can publish any photo, sketch or map of a secret place. Under clause 4, collection of news or information in collaboration with any foreign agent is not permissible. Under clause 5 of The Official Secrets Act, 1923, information collected secretly cannot be published. If a newspaper publishes secret news, the reporter, editor, printer and publisher will be guilty of committing an offence. Any connivance in this matter will be treated as a criminal offence.

Under clause 5 of the Telegraph Act 1885, the government can hold any news or report from publication.

Article 19 of The Government Servants (Conduct) Rules, 1979, states that A Government servant shall not, unless generally or specially empowered by the government in this behalf, disclose directly or indirectly to government servants belonging to other ministries, divisions or departments, or to non official persons or to the press, the contents of any official document or communicate any information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of those duties, whether from official sources or otherwise .

References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. The Official Secrets Act, 1923.

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Power and Participation Research Center (PPRC), 2007, Governance Report 2007, p-116-126, Dhaka, Bangladesh

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Manusher Jonno, July 2006, Conference Report on Right to Informationw www.manusher.org

Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 6, 2007, [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report  Bangladesh

The Daily Star, Bangladesh Needs a Right to Information Law Now, Sept. 28, 2006,  [ LINK ]

Peer Review Comments: The Right to Information Act is not in force and therefore the institutional mechanism is absent. Getting information from a public office depends on the personal relations with the officials concerned or on bribing them.

  13b: In practice, citizens can use the access to information mechanism at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Till date, there is no law in Right to Information in Bangladesh. At present, several civil society organizations have formed coalitions and networks to work at different levels to make the Access to Information act.

People, including journalists, are denied information by officials claiming the Official Secrets Act, 1923. The partisan division in Bangladeshi society, combined with the stringent laws on state secrets (Official secrecy Act 1923) also means that the access to information depends on personal connections and relationships with high-ranking officials.

Under clause 3 of The Official Secrets Act, 1923, any person can be convicted of criminal offence if that person goes to a restricted place or proceeds toward that place or makes a map or sketch of that place or collects confidential information about that place or publishes that information. Under section 3(a) of the The Official Secrets Act, 1923, nobody can publish any photo, sketch or map of a secret place. Under clause 4, collection of news or information in collaboration with any foreign agent is not permissible. Under clause 5 of The Official Secrets Act, 1923, information collected secretly cannot be published. If a newspaper publishes secret news, the reporter, editor, printer and publisher will be guilty of committing an offence. Any connivance in this matter will be treated as a criminal offence.

Under clause 5 of the Telegraph Act 1885, the government can hold any news or report from publication.

Article 19 of The Government Servants (Conduct) Rules, 1979, states that A Government servant shall not, unless generally or specially empowered by the government in this behalf, disclose directly or indirectly to government servants belonging to other ministries, divisions or departments, or to non official persons or to the press, the contents of any official document or communicate any information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of those duties, whether from official sources or otherwise .

References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. The Official Secrets Act, 1923.

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Power and Participation Research Center (PPRC), 2007, Governance Report 2007, p-116-126, Dhaka, Bangladesh

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Manusher Jonno, July 2006, Conference Report on Right to Informationw www.manusher.org

Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 6, 2007, [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report  Bangladesh

The Daily Star, Bangladesh Needs a Right to Information Law Now, Sept. 28, 2006,  [ LINK ]

  13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: Till date, there is no law in Right to Information in Bangladesh. At present, several civil society organizations have formed coalitions and networks to work at different levels to make the Access to Information act.

People, including journalists, are denied information by officials claiming the Official Secrets Act, 1923. The partisan division in Bangladeshi society, combined with the stringent laws on state secrets (Official secrecy Act 1923) also means that the access to information depends on personal connections and relationships with high-ranking officials.

Under clause 3 of The Official Secrets Act, 1923, any person can be convicted of criminal offence if that person goes to a restricted place or proceeds toward that place or makes a map or sketch of that place or collects confidential information about that place or publishes that information. Under section 3(a) of the The Official Secrets Act, 1923, nobody can publish any photo, sketch or map of a secret place. Under clause 4, collection of news or information in collaboration with any foreign agent is not permissible. Under clause 5 of The Official Secrets Act, 1923, information collected secretly cannot be published. If a newspaper publishes secret news, the reporter, editor, printer and publisher will be guilty of committing an offence. Any connivance in this matter will be treated as a criminal offence.

Under clause 5 of the Telegraph Act 1885, the government can hold any news or report from publication.

Article 19 of The Government Servants (Conduct) Rules, 1979, states that A Government servant shall not, unless generally or specially empowered by the government in this behalf, disclose directly or indirectly to government servants belonging to other ministries, divisions or departments, or to non official persons or to the press, the contents of any official document or communicate any information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of those duties, whether from official sources or otherwise .

References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. The Official Secrets Act, 1923.

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Power and Participation Research Center (PPRC), 2007, Governance Report 2007, p-116-126, Dhaka, Bangladesh

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Manusher Jonno, July 2006, Conference Report on Right to Informationw www.manusher.org

Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 6, 2007, [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report  Bangladesh

The Daily Star, Bangladesh Needs a Right to Information Law Now, Sept. 28, 2006,  [ LINK ]

  13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Till date, there is no law in Right to Information in Bangladesh. At present, several civil society organizations have formed coalitions and networks to work at different levels to make the Access to Information act.

People, including journalists, are denied information by officials claiming the Official Secrets Act, 1923. The partisan division in Bangladeshi society, combined with the stringent laws on state secrets (Official secrecy Act 1923) also means that the access to information depends on personal connections and relationships with high-ranking officials.

Under clause 3 of The Official Secrets Act, 1923, any person can be convicted of criminal offence if that person goes to a restricted place or proceeds toward that place or makes a map or sketch of that place or collects confidential information about that place or publishes that information. Under section 3(a) of the The Official Secrets Act, 1923, nobody can publish any photo, sketch or map of a secret place. Under clause 4, collection of news or information in collaboration with any foreign agent is not permissible. Under clause 5 of The Official Secrets Act, 1923, information collected secretly cannot be published. If a newspaper publishes secret news, the reporter, editor, printer and publisher will be guilty of committing an offence. Any connivance in this matter will be treated as a criminal offence.

Under clause 5 of the Telegraph Act 1885, the government can hold any news or report from publication.

Article 19 of The Government Servants (Conduct) Rules, 1979, states that A Government servant shall not, unless generally or specially empowered by the government in this behalf, disclose directly or indirectly to government servants belonging to other ministries, divisions or departments, or to non official persons or to the press, the contents of any official document or communicate any information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of those duties, whether from official sources or otherwise .

References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. The Official Secrets Act, 1923.

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Power and Participation Research Center (PPRC), 2007, Governance Report 2007, p-116-126, Dhaka, Bangladesh

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Manusher Jonno, July 2006, Conference Report on Right to Informationw www.manusher.org

Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 6, 2007, [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report  Bangladesh

The Daily Star, Bangladesh Needs a Right to Information Law Now, Sept. 28, 2006,  [ LINK ]

Peer Review Comments: There is no appeal mechanism.

  13e: In practice, the government gives reasons for denying an information request.
 
Score: 100  75  50  25  0  score
  Comments: Till date, there is no law in Right to Information in Bangladesh. At present, several civil society organizations have formed coalitions and networks to work at different levels to make the Access to Information act.

People, including journalists, are denied information by officials claiming the Official Secrets Act, 1923. The partisan division in Bangladeshi society, combined with the stringent laws on state secrets (Official secrecy Act 1923) also means that the access to information depends on personal connections and relationships with high-ranking officials.

Under clause 3 of The Official Secrets Act, 1923, any person can be convicted of criminal offence if that person goes to a restricted place or proceeds toward that place or makes a map or sketch of that place or collects confidential information about that place or publishes that information. Under section 3(a) of the The Official Secrets Act, 1923, nobody can publish any photo, sketch or map of a secret place. Under clause 4, collection of news or information in collaboration with any foreign agent is not permissible. Under clause 5 of The Official Secrets Act, 1923, information collected secretly cannot be published. If a newspaper publishes secret news, the reporter, editor, printer and publisher will be guilty of committing an offence. Any connivance in this matter will be treated as a criminal offence.

Under clause 5 of the Telegraph Act 1885, the government can hold any news or report from publication.

Article 19 of The Government Servants (Conduct) Rules, 1979, states that A Government servant shall not, unless generally or specially empowered by the government in this behalf, disclose directly or indirectly to government servants belonging to other ministries, divisions or departments, or to non official persons or to the press, the contents of any official document or communicate any information which has come into his possession in the course of his official duties, or has been prepared or collected by him in the course of those duties, whether from official sources or otherwise .

References: The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. The Official Secrets Act, 1923.

BRAC University, Center for Governance Studies, The State of Governance in Bangladesh 2006, Dhaka, December 2006, www.cgs-bu.com

Power and Participation Research Center (PPRC), 2007, Governance Report 2007, p-116-126, Dhaka, Bangladesh

Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.

Manusher Jonno, July 2006, Conference Report on Right to Informationw www.manusher.org

Odhikar, Report 2006 (Project on Investigation, Research and Publication of Human Rights Violations), Dhaka, Bangladesh, www.odhikar.org

Interview with Mr. Ishtiaq Ahmed, staff reporter, The Daily Shamokal, Bangladesh, Aug. 12, 2007

U.S. Department of State, Country Report on Human Rights Practices-2006, Bangladesh, March 6, 2007, [ LINK ]

Rounaq Jahan, senior research scholar, Columbia University, New York, Countries at the Crossroads 2006, Country Report  Bangladesh

The Daily Star, Bangladesh Needs a Right to Information Law Now, Sept. 28, 2006,  [ LINK ]

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