1. Final Sharing Workshop on ICT Facilitated Access to Information (A2I) Innovation BRAC Centre Inn, Dhaka 14 June, 2011 Commonwealth Human Rights Initiative organised by: WBI, ANSA-SAR, OWFI, YPSA The Right to Information in South Asia presented by: Venkatesh Nayak

2. Right to know and the French Revolution (Art. 14 & 15, Declaration of the Rights of Man and of the Citizen, 26 August, 1789) “ All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to grant this freely… to know to what uses it is put …” “ Society has the right to ask a public official for an accounting of his administration.”

3. (Art. 14 & 15, Declaration of the Rights of Woman and the Female Citizen, 1789) “ Female and male citizens have the right to verify , either by themselves or through their representatives, the necessity of the public contribution… The collectivity of women, joined for tax purposes to the aggregate of men, has the right to demand an accounting of his administration from any public agent. ” Olympe de gouges Right to know and the French Revolution

4. Access to information is a human right Right to information – inextricably connected with the right to freedom of opinion, speech & expression Everyone has the right to freedom of opinion and expression; this right includes freedom … to seek, receive and impart information Universal Declaration of Human Rights, 1948 (Art. 19) International Covenant on Civil and Political Rights, 1966 (1976) (Art. 19)

5. Right to information & Eco-Soc Rights Right to Water Accessibility to water includes information accessibility i.e., right to seek receive and impart information concerning water issues ICESCR General Comment #15, 2002 [Art. (9)(c)(3)] Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties ICESCR General Comment #15, 2002 [Art.45] ICESCR General Comment #12, 1999 [Art. 23] States have an obligation to formulate and implement national strategies for the right to food in full compliance with the principles of accountability, transparency, people’s participation … Right to Adequate Food

6. Right to information & Eco-Soc Rights Right to Health Accessibility to the highest attainable standard of health includes information accessibility i.e., right to seek receive and impart information concerning health issues subject to confidentiality of information about personal health ICESCR General Comment #14, 2002 [Art. (12)(b)(4)] ICESCR General Comment #14, 2002 [Art. 14] Right to maternal child and reproductive health includes access to information (on these issues) State Parties have a duty to ensure that third parties do not limit people’s access to health related information and services ICESCR General Comment #14, 2002 [Art. 35] State Parties have an obligation to provide education and access to information concerning the main health problems in the community including methods of preventing and controlling them ICESCR General Comment #14, 2002 [Art. (44)(d)]

7. Right to information & Eco-Soc Rights Right to Adequate Housing In the case of evictions appropriate procedural protection and due process of law includes information on the proposed eviction and the alternative purpose for which that land or housing is to be used ICESCR General Comment #7, 1997 [Art. 15] Right to Education State Parties have an obligation to maintain a transparent and effective system which monitors whether or not education is directed to the educational objectives set out (in the Covenant) ICESCR General Comment #13, 1999 [Art.49, 54 & 59] State Parties have an obligation to maintain a transparent and effective system to monitor educational standards in educational institutions . Non-adherence to this duty is violation of rt. to education

12. Access to information is a human right So why should South Asia be bothered?

13. International HR treaties – status in South Asia Country ICCPR ICESCR Bangladesh 2000(a) 1998(a) Bhutan X X India 1979(a) 1979(a) The Maldives 2006(a) 2006(a) Pakistan 2010(a) 2008(a) Sri Lanka 1980(a) 1980(a) (Source: OHCHR, June 2011) Afghanistan 1983(a) 1983(a) Nepal 1991(a) 1991(a)

14. International HR treaties – status in South Asia Country ICEDAW ICRC Bangladesh 1984(a) 1990 Bhutan X 1990 India 1993 1992(a) The Maldives 1993(a) 1991 Pakistan 1996(a) 1990 Sri Lanka 1981 1991 (Source: OHCHR, June 2011) Afghanistan 2003 1994 Nepal 1991 1990

15. International HR treaties – status in South Asia Country ICRMW UNCAC Bangladesh 1998(s) 2007 Bhutan X 2005(s) India X 2011 The Maldives X 2007(a) Pakistan X 2007 Sri Lanka 1996(a) 2006 (Source: OHCHR, June 2011) Afghanistan X 2008 Nepal X 2011

26. SAARC’s commitment to RTI SAARC Social Charter, 2004 – (Art. II, Principles, Goals & Objectives) New Delhi Declaration of SAARC Ministers for Social Development, 2008 – Underline the importance of transparent and accountable conduct of administration in public and private, national and international institutions ;” “ Promote and facilitate through exchange of best practices, early adoption in accordance with national priorities, of appropriate legislation, conferring right to information for all citizens from the governments and public authorities , to eliminate arbitrariness and corrupt practices & improve governance at the regional, national and local levels” “ State Parties:… “ We … agree to…

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