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2 WEDNESDAY, MAY 3, 2017 DT News WORLD PRESS FREEDOM DAY The sound of silence Journalists face restrictive access to government buildings • Bilkis Irani Over the past few years, several government and constitutional bodies have become increasingly hostile to journalists using tactics such as cutting off access to their buildings, circulating internal memos about severe punishment for employees who speak to journalists unsupervised. The offices of Election Commission Secretariat (EC), Chittagong City Corporation(CCC), Anti-Corruption Commission (ACC), Bangladesh Bank (BB) and Dhaka Medical College Hospital (DMCH) have been found to severely restrict access to journalists recently citing security reasons. According to a Ain O Salish Kendra (ASK) report, 117 journalists were assaulted last year by members of law enforcement agencies, political henchmen, officials of both government and private organisations. Although the Fourth Estate plays a crucial role in upholding the accountability of the elected offices and has a responsibility to the public to inform them of work, the good and bad, journalists are increasingly viewed with suspicion and harassed when they try to do their jobs. This right to freedom of thought and expression is enshrined in the Constitution in Article 39 that also guarantees the freedom of press and is aided by laws such as the Right to Information Act 2009 that allows citizens to demand information from public institutions. “Every citizen has a right to information from the Authority and the Authority shall on demand from a citizen be bound to provide information,” the Right to Information Act 2009 clearly states. It also imposes financial penalties under Section 6 (b) of up to Tk5,000 for officials who do not cooperate with the information seeker. In 2015, Chittagong City Corporation circulated an internal memo that was approved by the mayor saying: “Employees talking to the media unsupervised will be subject to strict actions taken against them.” The memo also stated that it was against the CCC’s rules and regulations to speak to members of the media although it is obligated to do so under the Right to Information Act. EC officials must understand that transparency is a good thing, we understand not everything can be disclosed for the sake of national security, we are not asking them of such things The tactics used to prevent press freedom The Election Commission on April 11 cut off journalists’ access to the building except for a media briefing room. The commission cites “security reasons” for this blockade with restricted or no access to the EC Secretariat. But press freedom is subtly attacked by these institutions such as on April 17, a scuffle broke out in front of the EC office when journalists were barred by the guards at the gate and the situation escalated to a physical confrontation between the two groups. Office Assistant Md Masud physically assaulted reporters and Chief Election Commissioner KM Nurul Huda, four commissioners and EC Secretary Mohammad Abdullah were all present at their offices in the building but no action was taken against the office assistant after the incident. “This is an attack on journalism,” opined columnist Sayad Abul Maksud, adding: “Journalists provide information to people and preventing them means interfering with people’s right to information, which is illegal.” BIGSTOCK In response to the situation, Secretary to the EC Mohammad Abdullah told the Dhaka Tribune: “Journalists are only allowed to enter my office and the public relation officer’s office.” “EC officials must understand that transparency is a good thing, we understand not everything can be disclosed for the sake of national security, we are not asking them of such things,” said Md Sazzad Hussain, vice-chairman of Reporters Forum for Election and Democracy. When asked about the increasing difficulty journalists face trying to enter the EC building, Information Commissioner Golam Rahman told the Dhaka Tribune: “If the EC needs security, then they are well within their rights to curb access. It is however illegal for them to withhold access to information.” Investigative journalist of Samakal, Shahadat Hossain Poros said press freedom is severely limited as journalists are usually unable to speak to officials to verify a story and hence the story looses its importance. He said: “Collecting daily news is sometimes a hassle as there is a ‘permission and invitation’ system that exists that prevents the availability of information or the collection of data for public interest. “Some things that are of public interest go unreported because of this and people are deliberately deprived of information and news.” Executive Director of Transparency International Bangladesh (TIB) Dr Iftekharuzzaman said it is easy to hide corruption if there is no journalists around. “There is a common practice to shoot the messenger, that is to say journalists who expose corruption get prosecuted instead of the officials guilty of the corruption. This system has to change as corrupt individuals are the enemy of institutions. “It is a constitutional responsibility of these government bodies to create a working environment for journalists. The situation at the EC is unacceptable where they have used ‘security measure’ to ban the media from the building.” After the infamous Bangladesh Bank cyber heist last year, the new Governor of the bank, Fazle Kabir, restricted access to journalists within the building. Similarly, this practice has been going on at the Anti-Corruption Commission since 2012 when they imposed an unofficial ban on journalists entering the building on June 28. In 2013, they restricted journalists from entering the building before 3pm. Information Minister Hasanul Haque Inu gave a measured response to the questions posed by the Dhaka Tribune, saying: “Institutions have a right to secure their premises. They should however have a spokesperson who can give journalists the information. If they are denied that information, then they can complain to the information commissioner and appropriate actions will be taken.” In 2013, when a patient was assaulted by a DMCH doctor, interns at the hospital assaulted journalists when they tried to report the news. Journalists eventually got banned by the hospital authorities from entering the hospital building. The Dhaka Tribune reached out to both the ACC and Bangladesh Bank for comments but they did not respond. •

News 3 WEDNESDAY, MAY 3, 2017 Complaints at info commission on the rise • Nawaz Farhin Ever since the Right to Information (RTI) Act was enacted, the Information Commission has been seeing a significant rise of complaints by those who are not being responded by the government organisations when contacted for information under the act. It appears that the concerned government agencies, departments or offices are not helping the complainants benefit from the much-talked-about RTI Act. Merely 104 complaints were filed with the commission in 2010, a year after the act was enacted, while the figure jumped to 540 last year. In the first six-year span till 31 December 2016, the commission recorded as many as 1,778 cases with 1,085 of them dissolved over the period. 104 out of 202 complaints were settled in 2012, whereas 207 complaints were lodged the next year, of which 90 were resolved. In 2014, the number of complaints stood at 294 when 124 of How free has press been in Bangladesh recently? • Tarek Mahmud For journalists in Bangladesh, the recent years have been difficult and, in some cases, life-threatening. However, 2016 was worse for the freedom of press in the country than the previous years, despite being less eventful in terms of deaths or severe injuries. According to the 2017 Press Freedom Index, published by Paris-based international organisation Reporters without Borders, Bangladesh is ranked at No 146 among 180 countries around the world – two ranks down from 2016’s No 144 and the same rank as 2015. According to an Amnesty International report published on April 28, in late 2016 and early 2017, many bloggers and freelance writers in Bangladesh have received death threats several times, but they are either reluctant to approach police for protection or say they have been refused assistance when they have done so. Below is a list of major incidents of harassment, assault, police cases and a murder of journalists around the country last year: • On May 1, 2017, online news portal Natun Somoy Executive Editor Ahmed Razu was arrested in a defamation case filed by the Walton Group. Razu is a formal employee of Walton-owned newspaper Rising BD. He is currently in jail. • On April 8, 2017, Daily Observer Sylhet Correspondent Sardar Abbas and Dainik Sakaler Khobor Correspondent Syed Nabiul Alam Dipu them got disposed off. The complaints kept continuing an upward trend in 2015 with 336 allegations, were assaulted by Bangladesh Chhatra League members when they protested sexual harassment. • On March 13, 2017, police in plainclothes picked up Daily Telegram Editor Binoy Krishna Mallik from his home in Jessore for holding a press conference to allegedly expose police corruption. Police initially denied having arrested him, but later released him in face of protest. • On March 7, 2017, Rabiul Islam, reporter of Barisal-based newspaper Somoyer Barta, was arrested for reporting the suicide of a sub-inspector’s wife. The sub-inspector, Nurul Amin, filed the case with a local court. Rabiul is currently out on bail. • On February 3, 2017, Shahbagh police assaulted Daily Ittefaq photojournalist Jibon Ahmed in front of Amar Ekushey Book Fair’s Suharawardy Udyan gate over parking dispute. • On February 2, 2017, Daily Samakal upazila correspondent Abdul Hakim Shimul was fatally shot by Sirajganj’s Shahjadpur municipality Mayor Halimul Haque Miru during a clash between two factions of local Awami League unit. he died the next day. • On January 26, 2017, ATN News Reporter Kazi Ehsan Bin Didar and Cameraperson Abdul Alim were assaulted by Shahbagh police as they recorded videos of police detaining people from an Anti-Rampal procession. The same day, police assaulted Dhaka Tribune journalist Morshed Jahan Mithun in Mirpur. • On December 23, 2016, Ekushey BIGSTOCK resulting to the resolution to 67 complaints. Meanwhile, out of 540, some Television’s Savar Correspondent Nazmul Huda was detained by police for “fomenting unrest” during a protest by RMG factory employees. Nazmul, also local correspondent of the Bangladesh Pratidin, was later made accused in five other cases, including one for stealing trousers. He is currently out on bail. • On December 7, 2016, four journalists were physically assaulted by members of Oikkoboddho Sonaton Samaj Bangladesh when they protested vandalism at Chittagong Press Club. The same day, three correspondents were assaulted by Chhatra League members in Chittagong University. • On November 14, 2016, Daily Samakal and Channel 24’s Habiganj Correspondent Shoyeb Chowdhury was arrested under the ICT Act. He was released after 2.5 months in prison. • On October, 12, 2016, a sports reporter and a cameraperson of GTV were assaulted in Chittagong by a group of youths led by the son of a high police official. • Istishon blog founder and prominent writer Nur Nobi Dulal left the country with his family for Europe in 2016 after receiving several death threats from militants. Shortly after he left, the government blocked Istishon blog in Bangladesh on September 26. • On September 1, 2016, Online education portal Dainikshiksha.com Editor Siddiqur Rahman was arrested under Section 57 of the ICT Act for publishing a news on corruption involving Prof Fahima Khatun, former director general of higher and secondary education. He is currently out on bail. • On August 8, 2016, RAB arrested online news portal Banglamail24.com acting editor Shahadat Ullah Khan, Executive Editor Maksudul Haider Chowdhury and Assistant Editor Pantho Polash on charge of running a false report on Sajeeb Wazed Joy, Prime Minister Sheikh Hasina’s ICT adviser and son. They are currently out on bail. • On July 21, 2016, Prothom Alo photojournalist Anis Mahmud and four others were assaulted by jail guards at Sylhet Central Jail while on duty. • On June 25, 2016, a reporter was harassed by Chhatra League members on Chittagong University campus. • On April 10, 2016, a group of local goons attacked two journalists of Deepto TV in Chittagong’s Bahaddarhat area. • On February 2, 2016, a photojournalist of the Daily Prothom Alo was beaten by Chhatra League men in Chittagong while on duty. • Journalists Shafik Rehman, Shaukat Mahmood and Mahmudur Rahman were arrested between 2015 and 2016. Several charges were brought against them. The trio claimed that they were arrested because they were involved with the BNP. All three are currently out on bail. • Our correspondents in Chittagong, Sylhet, Barisal, Rajshahi and Khulna have contributed to this story. DT 120 complaints were settled thought 2016. The figures clearly depict that the number of complaints kept soaring in course of time. Chief Information Commissioner Professor Dr MD Golam Rahman termed the increase of the complaints a positive sign on growing awareness amongst the people about the act. “Citizens now more aware about their fundamental rights than ever before. They are also concerned well about their right to information, which is an inseparable part of their rights,” he observed. Mohammad Masum Miya, a journalist based in Dhaka, said: “This year I needed to have some information relating to the banking sector. Accordingly, I contacted to the commission seeking its help in this regard and succeeded 22 days after my appeal.” There has also been criticism over the commission’s role in supporting the complaints at their very first attempt to resolve their issues. Syeda Rizwana Hasan, chief executive of Bangladesh Environmentalist Lawyers Association (Bela) said she has been seeking information from different government offices, but in vain in most of the cases. “Since 2009 when the act was passed, I approached to many government offices for information, causing me to remain unsuccessful in most of the times,” she added. Sharing her experience of being deprived of the figure of fatalities at ship-breaking yards by the respective ministry, the environmentalist alleged that the commission too did not cooperate her in this regard despite objecting. The RTI Act passed in the House on March 29, 2009 is considered a milestone in the legal history of Bangladesh. This is the first act after independence of Bangladesh that ensures people’s right to obtain information from the government officials and other organisations. This act covers all bodies owned, controlled or substantially financed either directly or indirectly by the government and NGOs and the principal bodies substantially funded by the government. • ‘Section 57 will be dropped from ICT act’ • Tribune Desk Minister of Law, Justice and Parliamentary Affairs Anisul Huq said the Section 57 of the ICT act will be scrapped. The law minister said at an award ceremony yesterday that a new digital security law was in the works. He said: “The new Digital Security Act will clarify what section 57 is supposed to represent. It will for once and for all prove that our government has no intentions to clamp down on freedom of speech.” “The law ministry is working on vetting the new Digital Security Act draft. We will collaborate with several state ministers to work on a revised draft to introduce it as a bill.” The minister was speaking at Bazlur Rahman Bhaiya Memorial Award Ceremony on the 65th anniversary of “Khelaghor” – a children’s organisation – at Bangladesh Shilpokola Academy. Section 57 of the Information and Communication Technology Act stipulates that any post, image, or video on an electronic format that “causes to deteriorate law and order, prejudice the image of the state or person or hurt religious beliefs” are non-bailable offences. The punishment is minimum seven years in prison to maximum 14 years. The fines can go up to Tk1 crore.•

2<br />

WEDNESDAY, MAY 3, <strong>2017</strong><br />

DT<br />

News<br />

WORLD PRESS FREEDOM DAY<br />

The sound of silence<br />

Journalists face restrictive access to government buildings<br />

• Bilkis Irani<br />

Over the past few years, several<br />

government and constitutional<br />

bodies have become increasingly<br />

hostile to journalists using tactics<br />

such as cutting off access to their<br />

buildings, circulating internal<br />

memos about severe punishment<br />

for employees who speak to journalists<br />

unsupervised.<br />

The offices of Election Commission<br />

Secretariat (EC), Chittagong<br />

City Corporation(CCC), Anti-Corruption<br />

Commission (ACC), Bangladesh<br />

Bank (BB) and Dhaka Medical<br />

College Hospital (DMCH) have<br />

been found to severely restrict access<br />

to journalists recently citing<br />

security reasons.<br />

According to a Ain O Salish Kendra<br />

(ASK) report, 117 journalists<br />

were assaulted last year by members<br />

of law enforcement agencies, political<br />

henchmen, officials of both government<br />

and private organisations.<br />

Although the Fourth Estate plays<br />

a crucial role in upholding the accountability<br />

of the elected offices<br />

and has a responsibility to the public<br />

to inform them of work, the good<br />

and bad, journalists are increasingly<br />

viewed with suspicion and harassed<br />

when they try to do their jobs.<br />

This right to freedom of thought<br />

and expression is enshrined in the<br />

Constitution in Article 39 that also<br />

guarantees the freedom of press<br />

and is aided by laws such as the<br />

Right to Information Act 2009 that<br />

allows citizens to demand information<br />

from public institutions.<br />

“Every citizen has a right to information<br />

from the Authority and<br />

the Authority shall on demand<br />

from a citizen be bound to provide<br />

information,” the Right to Information<br />

Act 2009 clearly states.<br />

It also imposes financial penalties<br />

under Section 6 (b) of up to Tk5,000<br />

for officials who do not cooperate<br />

with the information seeker.<br />

In 2015, Chittagong City Corporation<br />

circulated an internal memo<br />

that was approved by the mayor<br />

saying: “Employees talking to the<br />

media unsupervised will be subject<br />

to strict actions taken against<br />

them.” The memo also stated that<br />

it was against the CCC’s rules and<br />

regulations to speak to members of<br />

the media although it is obligated<br />

to do so under the Right to Information<br />

Act.<br />

EC officials must understand that transparency<br />

is a good thing, we understand not everything<br />

can be disclosed for the sake of national<br />

security, we are not asking them of such things<br />

The tactics used to prevent press<br />

freedom<br />

The Election Commission on April<br />

11 cut off journalists’ access to the<br />

building except for a media briefing<br />

room.<br />

The commission cites “security<br />

reasons” for this blockade with restricted<br />

or no access to the EC Secretariat.<br />

But press freedom is subtly attacked<br />

by these institutions such<br />

as on April 17, a scuffle broke out<br />

in front of the EC office when journalists<br />

were barred by the guards<br />

at the gate and the situation escalated<br />

to a physical confrontation<br />

between the two groups.<br />

Office Assistant Md Masud physically<br />

assaulted reporters and Chief<br />

Election Commissioner KM Nurul<br />

Huda, four commissioners and EC<br />

Secretary Mohammad Abdullah<br />

were all present at their offices in<br />

the building but no action was taken<br />

against the office assistant after<br />

the incident.<br />

“This is an attack on journalism,”<br />

opined columnist Sayad Abul<br />

Maksud, adding: “Journalists provide<br />

information to people and<br />

preventing them means interfering<br />

with people’s right to information,<br />

which is illegal.”<br />

BIGSTOCK<br />

In response to the situation,<br />

Secretary to the EC Mohammad<br />

Abdullah told the Dhaka Tribune:<br />

“Journalists are only allowed to<br />

enter my office and the public relation<br />

officer’s office.”<br />

“EC officials must understand<br />

that transparency is a good thing,<br />

we understand not everything can<br />

be disclosed for the sake of national<br />

security, we are not asking them of<br />

such things,” said Md Sazzad Hussain,<br />

vice-chairman of Reporters<br />

Forum for Election and Democracy.<br />

When asked about the increasing<br />

difficulty journalists face trying<br />

to enter the EC building, Information<br />

Commissioner Golam Rahman<br />

told the Dhaka Tribune: “If the EC<br />

needs security, then they are well<br />

within their rights to curb access. It<br />

is however illegal for them to withhold<br />

access to information.”<br />

Investigative journalist of Samakal,<br />

Shahadat Hossain Poros said<br />

press freedom is severely limited<br />

as journalists are usually unable to<br />

speak to officials to verify a story<br />

and hence the story looses its importance.<br />

He said: “Collecting daily news<br />

is sometimes a hassle as there is a<br />

‘permission and invitation’ system<br />

that exists that prevents the availability<br />

of information or the collection<br />

of data for public interest.<br />

“Some things that are of public<br />

interest go unreported because of<br />

this and people are deliberately deprived<br />

of information and news.”<br />

Executive Director of Transparency<br />

International Bangladesh<br />

(TIB) Dr Iftekharuzzaman said it is<br />

easy to hide corruption if there is<br />

no journalists around.<br />

“There is a common practice to<br />

shoot the messenger, that is to say<br />

journalists who expose corruption<br />

get prosecuted instead of the officials<br />

guilty of the corruption. This<br />

system has to change as corrupt<br />

individuals are the enemy of institutions.<br />

“It is a constitutional responsibility<br />

of these government bodies<br />

to create a working environment<br />

for journalists. The situation at<br />

the EC is unacceptable where they<br />

have used ‘security measure’ to<br />

ban the media from the building.”<br />

After the infamous Bangladesh<br />

Bank cyber heist last year, the new<br />

Governor of the bank, Fazle Kabir,<br />

restricted access to journalists<br />

within the building.<br />

Similarly, this practice has been<br />

going on at the Anti-Corruption<br />

Commission since 2012 when they<br />

imposed an unofficial ban on journalists<br />

entering the building on<br />

June 28. In 2013, they restricted<br />

journalists from entering the building<br />

before 3pm.<br />

Information Minister Hasanul<br />

Haque Inu gave a measured response<br />

to the questions posed by<br />

the Dhaka Tribune, saying: “Institutions<br />

have a right to secure their<br />

premises. They should however<br />

have a spokesperson who can give<br />

journalists the information. If they<br />

are denied that information, then<br />

they can complain to the information<br />

commissioner and appropriate<br />

actions will be taken.”<br />

In 2013, when a patient was assaulted<br />

by a DMCH doctor, interns<br />

at the hospital assaulted journalists<br />

when they tried to report the news.<br />

Journalists eventually got banned<br />

by the hospital authorities from<br />

entering the hospital building.<br />

The Dhaka Tribune reached out<br />

to both the ACC and Bangladesh<br />

Bank for comments but they did<br />

not respond. •

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