In
order to ensure that the law is achieving the aims endorsed by the
Government, it is important that implementation of the Act is supported
by an effective ongoing monitoring and evaluation system. This will
enable implementation efforts to be assessed and reviewed, so that
best practice can be distilled and copied, and areas for improvement
can be identified and worked upon.
The Central Act imposes a monitoring regime which, in practice,
will require:
Ad
Hoc Recommendations
Monitoring activities can assist the Governments and Information
Commissions to evaluate how effectively public bodies are discharging
their obligations and to gather information, which can be used to
support recommendations for reform. In this context it is notable
that section 25(5) of the Central Act specifically enables
Information Commissions to make recommendations to public authorities
to improve their performance, where montioring shows that the public
authority's practices do not confirm with the provisions or spirit
of the Act.
Right
to Information Councils
Although the Central Act does not include a requirement for civil
society-government monitoring partnerships, drawing on experience
at the State level, this may be an additional monitoring mechainsm
that Governments may wish to consider introducing via Rules. The
Delhi, Goa and the now-repealed Maharashtra laws, for example, required
the establishment of right to information councils - which had to
include some civil society representatives - to oversee implementation.
While
such State RTI Councils have yet to become entrenched institutionally,
they do potentially provide an important mechanism for monitoring
implementation, and drawing on civil society inputs to find out
where implementation is working or not working. Maharashtra's RTI
Council was probably been the most active, with regular meetings
being held, usually once a month. Notably though, for such monitoring
bodies to be effective, they require strong commitment from government
representatives, who need to be active in listening to civil society
representatives and acting on their recommendations.
Please
click on the link to the Central RTI Act to read the detailed
provisions contained in the law. Please click on the link to CHRI's
State RTI pages to find out more about relevant rules and implementation
in your specific State.
|