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Alert

ARTICLE 19 analyses freedom of information draft law

(ARTICLE 19/IFEX) -The following is a 17 March 2004 ARTICLE 19 press release:

ARTICLE 19 ANALYSES BANGLADESH FOI DRAFT

ARTICLE 19 has published an analysis of the Working Paper on the Proposed Right to Information Act 2002, prepared by the Law Commission of the Republic of Bangladesh (1). ARTICLE 19 welcomes the draft as a positive step towards recognising the right to freedom of information in Bangladesh. At the same time, our analysis highlights certain omissions and weaknesses, which mean that the Act fails to meet best comparative and international standards in this area.

The Working Paper was produced in early 2002 but has only more recently been circulated widely; ARTICLE 19 obtained a copy in late 2003. Our Memorandum analyses the proposed Act against two key ARTICLE 19 publications, The Public's Right to Know: Principles on Freedom of Information Legislation and A Model Freedom of Information Law. The Working Paper addresses many key freedom of information issues, including a requirement that governments proactively publish information about their activities, good procedures for accessing information held by both government and private bodies and sanctions for intentional breach of the law.

However, our Memorandum also raises concerns that the Act contains some serious omissions and weaknesses, which we strongly recommend be addressed, including the following:

* The freedom of information law should supersede secrecy legislation to the extent of any inconsistency and this should be made explicit.
* The regime of exceptions to the right of access should be subject to a public interest override clause.
* The independence of the appeals tribunals should explicitly be guaranteed.
* Protection should be extended to whistleblowers and those who disclose information in good faith.

ARTICLE 19 urges the Law Commission of the Republic of Bangladesh to implement the positive provisions in the Working Paper while amending it to bring it fully into line with international standards, as outlined in the recommendations contained in our Memorandum.

1. The Memorandum is available on the ARTICLE 19 website at: http://www.article19.org/docimages/1735.doc