THIMPHU, February 15 – Calling for urgent action to operationalise constitutional right to information, the Journalists’ Association of Bhutan (JAB) convened a multi-stakeholder consultation on February 13, bringing together representatives from government agencies, constitutional bodies, and civil society to chart practical pathways toward reviving the long-stalled Right to Information (RTI) Bill.
The consultation reaffirmed that access to information is not merely a media concern but a fundamental citizen’s right essential for democratic participation, accountability, and good governance. Participants underscored the need for a clear legal framework, institutional ownership, and coordinated implementation mechanisms to give effect to Article 7(3) of the Constitution.
Moderated by OxMedia consultant Tshering Dorji, the dialogue focused on persistent barriers to public information, administrative realities, and strategies to move beyond the procedural deadlock that has left RTI Bill pending for more than a decade.
A stalled reform
Bhutan’s RTI journey began in 2007, even before the advent of parliamentary democracy. The first elected government initiated drafting of the RTI Bill but refrained from tabling it, citing concerns over institutional readiness, implementation capacity, and the absence of complementary laws such as privacy and secrecy legislation.
The second elected government revived the effort, making RTI a campaign pledge in 2013. Theժմ. The Bill was passed by the National Assembly in February 2014 after detailed clause-by-clause deliberation. However, it stalled at the National Council, which raised concerns over clarity, inadequate consultation, and procedural lapses, including the failure of the then Ministry of Information and Communications to formally present the Bill.
The National Council recommended withdrawal of the Bill—a move rejected by the Assembly—triggering an inter-house deadlock. Since then, the RTI Bill has remained unresolved, widely regarded as a casualty of procedural impasse rather than policy disagreement.
Despite resurfacing during debates on the Information, Communications and Media Bill in 2016, no concrete roadmap emerged to revive the RTI legislation. More than a decade later, Bhutan remains without an RTI framework.
Beyond a media issue
At the consultation, participants stressed that access to information should not be viewed solely as a media concern but as a citizen’s right essential for democratic participation, accountability, and corruption prevention.
JAB shared findings from its 2025 Media Landscape Assessment, which revealed that 79 percent of journalists face serious difficulties accessing public information, largely due to bureaucratic barriers and a risk-averse institutional culture. Young journalists are particularly affected, owing to limited professional networks and inconsistent functioning of media focal persons across agencies.
These constraints, JAB noted, have contributed to delayed reporting, information gaps, declining media credibility, and weakened public trust. Bhutan’s press freedom ranking has also dropped sharply—from 65th in 2022 to 152nd in 2025—reflecting broader concerns about transparency and access.
The stalled RTI Bill has also drawn scrutiny from the National Council in recent years. In November 2024, the Council’s Social and Cultural Affairs Committee noted that although the Bill was passed by the National Assembly in 2014, it was returned with reservations due to limited stakeholder consultations and procedural gaps.
The Committee highlighted the absence of follow-through on earlier commitments to reintroduce the legislation and observed that the lack of an RTI framework continues to constrain transparency and public access to information. It recommended renewed consultations and clearer institutional ownership to move the process forward.
Officials at the consultation acknowledged administrative challenges, including capacity gaps, unclear exemptions, overlapping laws, and the absence of information classification guidelines. Without clear legal direction, civil servants remain uncertain about what information can be shared, especially in cases involving sensitive matters or ongoing investigations.
Many participants also pointed to restrictive regulations and multiple agency-level media policies as contributing to confusion, calling for harmonisation through a comprehensive RTI framework.
Participants proposed concrete recommendations to move the RTI agenda forward, including revisiting the National Council’s earlier reservations, forming a multi-stakeholder review committee, conducting nationwide consultations, establishing clear information classification standards, strengthening institutional capacity, and designating media focal persons across agencies. They also called for an independent oversight mechanism. Some suggested that if reviving the standalone RTI Bill proves challenging, its core provisions could be integrated into existing legislation to avoid further delays.
Charting a way forward
While views differed on whether a standalone RTI Act is the only solution, there was broad agreement that the constitutional provision alone is insufficient.
Government representatives emphasised the need for a balanced approach—one that protects national security and privacy while enabling greater transparency. They called for practical safeguards and clear implementation guidelines to ease administrative burden and prevent misuse.
The consultation builds on earlier focus group discussions with media and civil society, where stakeholders proposed nationwide consultations, independent oversight mechanisms, strengthened institutional capacity, and framing RTI as a citizen-centric right rather than a media-driven tool.
A JAB official said recommendations from all consultations—including upcoming engagements with local government leaders and Members of Parliament—will be consolidated and shared with Parliament and concerned ministries. JAB reiterated its commitment to advancing RTI as a citizen-centric right and facilitating continued dialogue toward an inclusive, workable framework for transparency.
An unfinished democratic promise
Globally, more than 130 countries have adopted RTI laws or constitutional guarantees. Bhutan already has the latter. What remains missing is the operational framework to translate principle into practice.
As participants noted, the RTI Bill has come to symbolise an unfinished chapter in Bhutan’s democratic transition—not due to rejection of transparency, but because of procedural deadlock and institutional hesitation.
The February consultation, supported by the Digital Democracy Initiative (DDI) South Asia Project through Accountability Lab, marked another attempt to reopen national dialogue on transparency, accountability, and citizens’ right to know.
Whether this renewed momentum will finally translate into legislative action remains to be seen. For now, stakeholders agree on one point: without a clear pathway forward, the constitutional right to information risks remaining just that—a promise on paper.
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