a2i act: 'Everyone' agreed, yet contentious sections persist

The law formalising the Aspire to Innovate (a2i) project has been passed, with a few clauses objected to by tech sector organisations being left as it is. Nevertheless, all parties involved agreed on the removal of these clauses.

Technology organisations are now urging for a bill to amend the newly passed law in the upcoming parliamentary session. They argue that the current law will create direct competition between government and private institutions, leading to a potential confrontation with the government.

a2i is a well-established government project, currently operating under the Division of Information and Communication Technology (ICT). Its aim is to institutionalise and ensure the sustainable digital transformation of government services. On 5 July, the 'Agency to Innovate (a2i) Bill-2023' was introduced in parliament by the Minister of State for Information and Communication Technology, Zunaid Ahmed. The bill was subsequently passed by a voice vote.

Section 16 of the a2i Act permits a2i to charge fees for services or advice as an organisation, and Article 21 allows the formation of a company if deemed necessary. These two clauses have been a subject of objection among stakeholders in the information technology sector.

Five IT sector organisations have been voicing their concerns about these clauses for an extended period. A meeting of the Standing Committee on the Ministry of Posts, Telecommunications, and Information Technology took place on 18 June before the Act was passed. During this meeting, the presidents of the five IT sector organisations participated, along with telecommunications minister Mustafa Jabbar and state minister for ICT affairs, Zunaid Ahmed.

According to the heads of these organisations, after their demands being acknowledged, the committee decided that a2i would not be allowed to engage in any business activities or form a company, and the board would include representatives from all ICT trade associations. However, despite these decisions, the contentious clauses remained unchanged at the time of passing the bill.

Asked about this, state minister Zunaid Ahmed told Prothom Alo that he recommended for eliminating the contentious clauses from the law. But, the bill was sent to parliament as it was sent from the parliamentary committee.

Nonetheless, the state minister clarified that there is a misunderstanding with the information technology sector organisations regarding specific sections of the bill. He personally communicated with these organisations to address their concerns. Additionally, he pointed out that there are already companies under other agencies of the ICT division, such as Data Center Company Limited and Startup Bangladesh Limited, and these companies were formed with Cabinet approval. Similarly, if a2i intends to establish a company, it would also need to obtain Cabinet approval.

The five organisations objecting to the clauses are Bangladesh Association of Software and Information Services (BASIS), Internet Service Providers Association of Bangladesh (ISPAB), Bangladesh Association of Contact Centers and Outsourcing (BACCO), E-Commerce Association of Bangladesh (E -CAB) and Bangladesh Computer Society (BCS).

An attempt was made to contact AKM Rahmatullah, Chairman of the Standing Committee of the Ministry of Posts, Telecommunications, and Information Technology, to discuss the matter. However, it was not possible to speak with him as he is currently undergoing treatment abroad. Another member of the committee, telecommunications minister Mustafa Jabbar, told Prothom Alo, "The demands made by the five organisations are right. Their demands were accepted in a parliamentary committee meeting. It was passed as he (ICT state minister) presented it."

After the law was passed, the organisations held a press conference on 10 July and demanded an amendment to the new law. They argue that the government has positioned them as competitors by enacting the law, as the government plans to engage in the same type of business they are currently involved in. This will result in direct competition between the government and private institutions.

The five organisations have also written letters to the prime minister and the parliament speaker requesting an amendment of the law. Subsequently, on 22 July, the state minister attended the BPO summit and held a meeting with the heads of these organisations.

BASIS president Russell T Ahmed told Prothom Alo that there is a possibility of amending the law, and the matter should be brought up in parliament. Their request is for the bill to be amended during the upcoming parliamentary session.

* The report was originally published in the print and online editions of Prothom Alo and has been rewritten for English edition by Farjana Liakat