NATIONAL CAMPAIGN FOR PEOPLES’ RIGHT TO INFORMATION
BHUBANESWAR DECLARATION ON THE RIGHT TO INFORMATION
As citizens and
activists committed to building a transparent and accountable democracy we
gather together from across the country in the city of Bhubaneswar to
celebrate our victories, and squarely face current challenges. In this fifth
National Convention on the People’s Right to Information, we re-affirm our
commitment to protect the democratic rights of people. We pledge in particular
to struggle to make a reality the following resolutions contained in the
Bhubaneswar Declaration dated October 16, 2017:
WE, THE PARTICIPANTS
OF THE FIFTH NATIONAL RTI CONVENTION, WHILE ENDORSING THE HYDERABAD DECLARATION
OF 2013, HEREBY
DECLARE THAT:
1.
Several serious
problems are plaguing the functioning of Information Commissions across the
country which must be urgently addressed by the appropriate authorities.
Several posts of information commissioners are lying vacant in commissions
across the country and in Andhra Pradesh the commission has not been set up
after the bifurcation of the state. The State Government must fill up vacant
positions in a transparent manner as the pendency is reaching alarming levels
denying people their fundamental right to information. The number of
Information Commissioners must be determined through an assessment of the
workload in each Commission.
2.
Even after more than
twelve years of enactment of the RTI law, governments have failed in fulfilling
their obligation to proactively provide information to people under Section 4
of the RTI Act. All public authorities must urgently fulfill this
responsibility. We demand that the Government of India immediately implement
the recommendations of the Task Force on Section 4 set up by the DoPT in 2011
and set up a mechanism to monitor its implementation.
3.
Government must make
rules to operationalize the whistleblower protection law immediately which was
passed in 2014. The government has failed to operationalize the law and is
trying to dilute it through amendments. We demand that the amendments should be
withdrawn. It is the moral responsibility of the Government to protect RTI
activists and users, and take swift legal action against those responsible for
these attacks. It is also the obligation of governments and information
commissions to ensure that, whenever an applicant is attacked, the information
that was being sought by the assaulted applicant is urgently and on a priority
basis, put in the public domain and followed up. All persons seeking
information in public interest must be treated as human rights defenders.
4.
In order to move from
transparency to accountability, there is an urgent need for the government to
effectively implement laws necessary to combat corruption and the abuse of power.
The legislation on Lokpal and Lokayuktas passed in 2014 must be implemented
without further delay. Every state that does not have a Lokpal/ Lokayukta Law
should enact a law along the lines of the national law and states where laws
exist, those must be brought in line with the national law.
5.
The grievance redress
bill which was introduced in Parliament in 2011 was deliberated in a standing
committee but lapsed with the dissolution of the Lok Sabha in 2014. We demand
that the law be brought back to Parliament, deliberated and passed.
6.
We demand that the
retrograde amendments proposed to the Central RTI rules must be withdrawn.
Rules must strengthen the RTI Act and make it easier for people to access
information.
7.
We demand that
illegal and anti-people provisions of Odisha RTI Rules,
2005 like compulsory RTI Application Form, production
of proof of Citizenship while filling RTI Application,
Compulsory 1st and 2nd Appeal Form and
fee should be withdrawn and replaced by
citizen-friendly Rules.
8.
Assessments have found
that there are serious concerns about the quality of orders of information
commissions. A standard format for orders of information commissions must be
adopted to ensure that orders are not deficient and all the provisions of the
RTI Act are complied with such as weighing the exceptions (8(2), 8(3) and
parliamentary proviso) to the exemptions in cases where information is denied.
9.
Every year lakhs of
RTI applications are filed across the country. Many point towards gaps in
governance. To harness these applications for systemic change, the government
must analyse the applications and identify the gaps.
10. Governments must pay particular attention to
the effective implementation of the RTI Act and other transparency and
accountability measures in conflict affected areas in order to ensure better
protection of human rights, particularly of the disadvantaged and vulnerable
segments of society. We demand that the repeal of AFSPA and other legislative
provisions which curtail democratic rights of people including the right to
information.
11. We condemn the arbitrary use of Section 24 of
the RTI Act to exempt bodies such as the CBI, anti-corruption
agencies, like Odisha State Vigilance, security and
intelligence agencies. As the exemptions under Section 8 are adequate, the list
of agencies notified under this Section must be immediately withdrawn.
12. We demand that all laws enacted by Parliament
and the State Legislatures conform to the regime of transparency established by
the RTI Act. We demand the immediate withdrawal of provisions in any law, Bill,
rule, regulation, or executive order that curtail people’s fundamental right to
information.
13. We demand that all Governments immediately put
in place a legally mandated process by which any draft legislation or
international treaty is tabled in Parliament or the State Legislatures only
after extensive public consultation. All government policies must also be
formulated through a similar consultative process.
14. We
are deeply concerned about the all pervading influence and control of the
corporate sector over all structures of decision making in Government. All
public authorities must take immediate steps to ensure transparency in the
functioning of private entities that utilise public resources or provide public
services. Information about public private partnership projects must be
accessible under the RTI Act at every stage. We demand that rules to
operationalise section 2(f) which empowers people to access information about
private bodies must be formulated.
15. We
demand that all NGOs, Cooperative societies, Trade Unions, and Religious
institutions must be transparent about their income and expenditure.
16. We
demand that all Government funded programmes must be subject to social/public
audits conducted under the aegis of an independent authority.
17. We
demand that all details of income, donations and expenses of political parties
be made public regularly. The six national parties must implement the 2013
order of the CIC declaring them public authorities under the RTI Act. They must
appoint PIOs and comply with section 4 of the RTI Act by proactively disclosing
information. We demand that the electoral bond mechanism for donations to
political parties must be withdrawn. Mechanisms must be put in place to make
political parties’ financial transactions transparent.
18. Peoples’ ability to access information about
the functioning of public servants has been restricted through multiple
judgments of the judiciary. We commit ourselves to taking appropriate steps to
challenge such judgments which restrict the scope of the RTI.
19. We welcome measures to make treasury
information public in some States. This should be extended to all
jurisdictions.
20. We believe that all natural resources belong
to the people. We demand equity and people’s participation in decision making
combined with complete transparency, accountability in the management and use
of all natural resources. All draft MOUs and leases must be proactively
disclosed before they are finalised.
21. We demand transparency in the ownership and
source of funds of all media agencies. Methods of enforcing
accountability of the media industry to the people must be explored, while
protecting the right to freedom of expression guaranteed by the Constitution.
22. We welcome the initiative of the Supreme Court
to bring in transparency in the process of appointments of the judges of the
Supreme Court and High Courts. We demand that along with reasons for
recommending appointments or rejection which will be made public, the materials
which formed the basis of such decisions should also be disclosed in accordance
with the RTI Act.
23. The Memorandum of Procedure (MOP) being
drafted for appointment of judges must be made public to ensure transparency
and enable citizen participation.
24. The Judiciary must proactively disclose the
case management procedures and provide information about cases which have been
reserved after arguments.
25. The right to information and right to free
expression and dissent are inextricably linked. Public officials are duty
bound to and must uphold the constitutional right of citizens to free speech
and expression.
26. Making Aadhaar mandatory for accessing
entitlements and services has led to large scale exclusions of people. We
demand that Aadhaar not be made mandatory for accessing entitlements and
services. Information accessed under the RTI Act has shown that claims of
government about savings through Aadhaar are not backed by government data. We
demand that all such claims and proclamations be accompanied with data relied
on for such claims. The government should take steps to protect and fulfill
every citizens right to informational self determination.
27. We understand that the government is in the
process of drafting the principles of a data protection law and will also
legislate such a law. The data protection framework will have a wide-ranging
impact and therefore, there must be complete transparency in the process
including pre-legislative consultation. The composition of the committee
responsible for formulating the principles of the data protection must be such
as to include adequate representation of civil society and independent people.
28. We affirm all resolutions passed at the
workshops held at the Bhubaneshwar Convention, 2017.
Circulated by
Pradip Pradhan
National Co-Convener, NCPRI
M-9937843482
