In the National Council Social and Cultural Affairs Committee (SCAC) report on the State of Media in Bhutan, the Right to Information (RTI) Bill was discussed in the context of its importance for improving transparency and ensuring public access to government information.
The report emphasizes that the RTI Bill has been a topic of discussion for several years, but has not been passed into law. Despite this, there have been repeated efforts to push the Bill forward.
During Question Hour in the First Parliament, the National Council’s Good Governance Committee raised the issue of a Right to Information (RTI) Bill, questioning the Minister of Information and Communication about its necessity. The Minister responded that a proposal would be brought forward within a year. However, the government did not follow through on this commitment.
In response, the Member from Gasa submitted a Private Members’ Bill on RTI in 2012 for the House’s consideration. The bill did not gain sufficient support from the Members and was not passed.
In the Second Parliament, the government introduced a Right to Information Bill, which was subsequently referred to the National Council.
The Legislative Committee, however, was unable to meet with the relevant stakeholders, leading to the Bill being returned to the National Assembly with reservations.
Despite these concerns, the National Assembly deemed the Bill passed with no amendments, and it remains in Bill form. Throughout consultation meetings, many stakeholders questioned whether the RTI was necessary to ensure the free flow of information, which is vital for journalists to carry out their duties effectively.
Stakeholders believe that the Bill needs to be enacted into law rather than remaining as a Standard Operating Procedure (SOP) which lacks legal binding authority.
The report, therefore, highlights the need for a comprehensive RTI Law to ensure that citizens and journalists can access public information without bureaucratic hurdles, making transparency more powerful and accountable.
The CIVICUS Monitor 2023 report is referenced in the context of Bhutan’s press freedom ranking, further highlighting the importance of enacting the RTI Bill to facilitate greater media freedom and government accountability.
The report says according to a UNESCO report (2022), a total of 132 countries worldwide has either adopted constitutional guarantees or enacted Right to Information (RTI) laws. Constitutional guarantees are generally considered more significant than RTI laws. In many countries where RTI laws exist, challenges to accessing information persist, despite the legal framework. Ultimately, the effectiveness of these laws depends on political will and respect for constitutional provisions.
In response to a comment from the Bumthang MP, Kencho Tshering, about the RTI Bill, Members of the SCAC pointed out that even in countries where the RTI Bill has been enacted into law, they have not observed a significant impact.
The SCAC Member, Namgay Dorji added, “Article 7, itself, talks about the right of Bhutanese citizens to information. The RTI does not necessarily need to be formalized into law to function effectively, as long as the processes are in place and operational.”