Right to information is one of the emerging rights in the world. This right is also referred as the freedom of information or the right to know. Generally, right to information (RTI) enables an individual to access the information held by the government. However, in recent years RTI is transcending the boundary of ‘government’ and it also covers traditionally non-government institutions such as political parties and private bodies which provide public services. Thus, the right to information is known as a tool for promoting transparency and accountability as well as good governance. Right to information was considered as integral to freedom of expression in the past.
RTI empowers the public to question government agencies about the process, status and result of different activities undertaken. The quest for procedural and financial transparency by applying RTI holds quite a potential. Ultimately, RTI paves the way for the people to participate in the decision-making process and governance system.
In South Asia, Pakistan was the first country to adopt freedom of information (FOI) law in 2002, and the FOI Ordinance was promulgated in October the same year. Considering the provisions of the Ordinance, it is considered as a weak law as it doesn’t carry the principles of RTI and contains many exceptions that create hurdles in assessing information held by government bodies.
India is regarded as a good example in South Asia, where the right to information has taken strong roots within a few years. It was a grassroots movement which paved the way for RTI in India. The Right to Information Act 2005 was passed as federal level legislation, however, many state governments including Goa, Tamil Nadu, Karnataka, Rajasthan, Delhi etc. had adopted RTI legislation in India before the federal level legislation. Though RTI is not guaranteed constitutionally in India, it is well-protected by RTI Act. It is being used in India extensively for revealing cases of corruption, mend bad-governance and to make authorities responsible and accountable.
In Nepal, Article 27 of the Interim Constitution 2007 has guaranteed RTI as a fundamental right. The provision is weaker compared to international standards where right to information is guaranteed for any individual, not only the citizens. The national level National Information Commission (NIC) was established in 2008, and the RTI regulation 2008 is also in existence. Despite the legal mechanism, the implementation status is not satisfactory.
Bangladesh passed the Right to Information Act in 2009. However, there is no guarantee of right to information in its constitution.
In Maldives, Article 29 of the Constitution guarantees RTI. However, there is no legislative law but only a regulation on RTI which was promulgated on May 4, 2008. Currently, experts, stakeholders and organizations working on RTI are hopeful that a new and comprehensive RTI Act will come into force by the end of 2011.
Sri Lanka is a country where there is no legal protection for right to information explicitly. The Constitution Bill of August 2000 Article 16 has recognized RTI information, but it has not yet been enacted into law so far.
The Constitution of Afghanistan has protected the rights of Afghan people in a limited manner. The Constitution, under Article 50, recognizes the citizens’ right to access to information held by state departments. Similarly, Article 5 of the Afghan Law on Mass Media has protected RTI. However, there is no explicit right to information legislation in Afghanistan.
In a bid to follow democratic principles, the Kingdom of Bhutan has adopted a new constitution recently. Article 7(2) of the new constitution has guaranteed the right to information, but the implementation thereof is very weak. Likewise, there is a lack of specific and explicit legislation on RTI in Bhutan.
Experiences of the countries having strong right to information law and implementation has proved that the RTI plays a vital role in promoting social accountability and increasing public participation in the governance system. Similarly, experience of countries like India clearly shows that RTI can be implemented properly despite lack of constitutional guarantee. However, constitutional protection sets a minimum standard.
Looking at the regime of RTI and implementation in South Asia, it is steady in the region. However, there are root problems associated with traditional bureaucracy with the culture of secrecy. So, strong legal instruments, aware citizenry, open mind and commitment of the government agencies are requisites for the implementation of RTI.
