Freedom of Information Act essential
-The Alliance for Change Column-
By Sheila Holder
Kaieteur News
November 26, 2006
Guyana has to deepen its democratic and electoral processes to ensure that democracy works to help empower citizens and improve the competitiveness of the country by facilitating the free flow of information.
For the last 40 years since independence from British Colonial rule, Guyana has floundered socially, economically and politically because of race-based politics. Partisan political interests by the two monolithic parties that governed Guyana since independence, the People's Progressive Party/Civic (PPP/C) and the People's National Congress Reform (PNCR) have been given precedence over the National welfare.
It would, therefore, come as no surprise that a Freedom of Information (FOI) Bill, submitted to the Clerk of the Eighth National Assembly of Guyana by Mr. Khemraj Ramjattan on behalf of his colleague Mr. Raphael Trotman, has not seen the light of day. The Guyana Government failed to even publish or circulate the private Member's Bill which, I was told, had been sent to the Attorney General's Chambers for scrutiny several months ago. Mr. Raphael Trotman on Friday, November 24, 2006, re-submitted to the 9 th Parliament the Freedom of Information Bill, 2006 and we now have five years to see how the Government will deal with it.
The AFC believes that a FOI Act is an important first step in steering the country in the direction of transparency and accountability and curtailing the levels of corruption currently being experienced in the country. It has, therefore, given a commitment to the electorate to ensure that the FOI Bill is resubmitted and put on the order Paper to be debated, strengthened if necessary, and passed into law.
Over the last forty years since independence and during the tenure of successive Governments, citizens have experienced victimisation based on the expression of their political viewpoints. This has had the effect of limiting how citizens of all strata of society express themselves. It has also deterred citizens from requesting information from the state and public entities.
This is especially so regarding the free expression of one's political viewpoint to the extent that Guyanese really need a Freedom of Information Act. The Act should spell out exactly what information, on Government's operations especially, citizens are entitled to access. With this knowledge in hand, citizens could then know for sure how to approach getting information on those aspects of government's operations that are of most interest to them at any particular point in time. It is desirable that the Freedom of Information Act should also cover some aspects of the operations of publicly traded private sector entities.
With access to information enshrined into law, Guyanese citizens could be empowered to scrutinise and investigate Government and their public operations and come to their own conclusions as to how Government is really serving them. Guyanese are mobile internationally, as it is estimated that some 700,000 live in foreign lands and many others have relatives residing in countries all around the world.
These facts serve to make Guyanese very aware about how the media ought to operate in a country in which the government routinely keeps information classified while claiming to be democratic.
A major part of the problem of poor access to information in Guyana , apart from the passage of the Freedom of Information Bill, is the fact that the current Government has refused to open the broadcast space for FM and AM radio transmissions. There is reasonable choice with regards to broadcast television in some parts of the country, though there is copyright infringement by the operators generally. However, Government's control of frequency management with the intention of denying choice to Guyanese citizens means that in some Guyanese communities such as in Linden (Region 10), citizens are fed a constant diet of Government propaganda only, while, in hinterland regions, citizens are without access to either local radio or television broadcast even though private operators are willing and able to offer radio and television broadcast to these Guyanese citizens.
With a Freedom of Information Act in place buttressed by a modernised and democratised Broadcast Act, Guyanese can get innovative radio and TV programming that reflects their tastes and desires to actively participate in the country's fledgling democracy. For example, in daytime radio in Guyana there is currently no programming where views on the Guyanese reality can be freely expressed from all points of view. If one wants to get the government's spin on any issue that is easy. However, Guyanese need to also be able to use the Freedom of Information Act to get information on government operations, then use that information in talk shows to oppose government policy or, in the case of supporters, provide reasons as to why current government policy and action is good for Guyana.
If a Freedom of Information Act is passed along with Government's divesting itself from media operations except for the Government Information and News Agency, then Guyanese would see an explosion of radio and more responsibly operated television stations that will in all likelihood take Guyana to where citizens in the other neighbouring countries have been for some time.
Regrettably, the PPP/C party in Government still retains a philosophy that the Central Government has to control all levels of power in the country. With such a philosophy there is no urgency to allow the citizens to access more Government information, as the more information citizens have, the more empowered they become and that challenges Government functionaries as empowered citizens are harder to manipulate and oppress. The present PPP/C Government in Guyana has gone to the extent of not allowing the Alliance For Change party to air its political advertisements even though they were submitted and higher than normal fees demanded and paid in accordance with the guideline of its so-called National Communications Network.
Guyana , therefore, needs a Government that empowers the people through a sensible Freedom of Information Act that will give them the right to request information from the Government and publicly traded companies. With this power citizens can make informed decisions and hold their elected representatives accountable and keep officers of public companies honest. Such elements serve to help advance Guyana 's fledgling democracy and thus improve the lives of its people.
Pending questions to Ministers published in Parliamentary Notice Paper No. 2 - 6 Question No. (Q1 Opp1 Q5 Opp5)
Member Asking: Sheila Holder, MP
Minister Answering: Ministers of Transport & Hydraulics & Home Affairs
Question: Action taken on Resolution No.16 of 2002
Will the Ministers state individually what action their respective ministries have taken since being notified by the Clerk of the National Assembly on 13 th August 2002 about Resolution No. 16 of the First Sessions (2001-2002) of the Eighth Parliament of Guyana: -
that the National Assembly recognised the need for a policy to be crafted and appropriate regulations instituted in consultation with operators in the minibus sector, consumers and other stakeholders to introduce best practices and systems for the safe, efficient and fair operation of the sector'?
Will the Ministers state specifically which policies were developed by their ministries and the best practices introduced for the safety of minibus commuters since 2002?
Have the Ministries of Transport & Hydraulics and Home Affairs held any consultation exercises with operators of the minibus sector, commuters and other stakeholders with a view of improving safety, efficiencies and fairness in how minibuses operate?
Oral question to be answered by the Prime Minister
What is the policy of the Government of Guyana in regards to the use of state property by the governing political party for election campaigns and other political activity?
Answer scheduled for Order Paper on 9 th November, 2006 (not yet answered)
(This is an edited version of an Article on Freedom of Information (FOI) written by Sheila Holder, Vice-Chair of the Alliance For Change (AFC) first published by the UN Human Rights Institute in India)