Freedom of Information Act…Bolstering transparency and accountability
Alliance For Change Column
by Vice-Chair Sheila Holder, MP
Kaieteur News
December 17, 2006
It is often said that the donor community and the International Financial Institutions go through phases where they latch on to some consensus or the other. For a long period, it was the Washington Consensus that was thought to be the panacea to jump start the economies of developing countries structured by colonists for their own benefit. More recently it was trade liberalisation, good governance and parliamentary reform. These days the Right to Information (RTI), the preferred term used in India or Freedom of Information (FOI), has become the international consensus deemed to be the fillip needed to bolster transparency and accountability to curtail corruption and raise the standards of governance in developing countries struggling to alleviate poverty. Is the RTI or FOI international lobby to be another buzz word likely to be of no effect for the purposes intended?
In the opinion of RTI Project Director, Vankatesh Nayak of the Commonwealth Human Rights Initiative (CHRI) in New Delhi , India , when people are given the right to know, they are empowered to demand transparency and accountability from their governments. This in turn improves the manner in which governments conduct the peoples' business. At the FOI Workshop I attended in Dominica July 27 – December 01, 2006, he declared enthusiastically that it was working in India and predicted it will work in the CARICOM region just as well. Listening to Vankatesh Nayak, one couldn't help but deduce that he is engaged in a crusade to spread the word about the benefits of RTI or FOI legislation.
In his view, the RTI, the preferred term used in India , has proven to be an important pillar of good governance. He believes fervently that it is a process for removing the shackles of poverty since its utilisation requires not only State responsiveness to the people at the lowest village level but also brings about responsible, accountable and transparent behaviour by public officials. He cited examples of how its use by the poor in India brought corrupt officials' activities to an end.
This participation by the people he rates as liberating and empowering, therefore, rejects the argument often made by Government officials that RTI or FOI legislation doesn't put food on the table so should be put on the legislative back burner. In fact, he argues that the reality is the other way round since there is an abundance of evidence that shows access to information is crucial to sustainable development, building a democratic society and attaining the principles enshrined in Article 19 of the Universal Declaration of Human Rights which most countries in the world have ratified. The universal declaration states, ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers'.
Other FOI mandates and covenants applicable to our region are to be found in:
• Article 19: International Covenant on Civil and Political Rights
• Article 13: Freedom of Expression: American Convention on Human Rights
• Article 4: Inter-American Democratic Charter
• Article II: Inter-American Convention Against Corruption and Follow-up Mechanism for the Implementation of the Inter-American Covenant Against Corruption
• Inter-American Democratic Charter
• Article VIII: Freedom of Expression and Access to Information CARICOM Charter of Civil Society.
What the RTI/FOI does is effectively overturn the culture of secrecy that pervades state institutions generally in many jurisdictions often requiring the repeal of some secrecy laws on the statute books. In drafting RTI/FOI legislation, it is imperative to include sections to ensure respect for and protection of the rights and reputations of others, protection of national security, public order, public health and morals. Generally, a paradigm shift from a culture of secrecy to one of openness must be adopted by State officials. Also, exemptions contained in FOI legislation are often restricted to specific sections of documents rather than whole documents that would have previously been classified as secret. The basic international standards for RTI/FOI legislation require the following:
• That access to information costs not be a deterrent
• That no locus standi be required to be established
• That an appeals process be defined
The FOI private member's Bill submitted to the National Assembly a few short weeks ago by AFC Chairman and Member of Parliament, Raphael Trotman, has been promptly put on the Order Paper this time round. It is based on the Trinidadian model which some FOI advocates consider to be restrictive and not necessarily as liberal as some FOI advocates would like. However, Trinidad & Tobago Minister of Security, Fitzgerald Hinds once had responsibility for implementing the FOI law while Minister of Public Administration and Information disagreed vigorously, and reassured this writer that it has served its purpose in the West Indian twin island State. In recognition of International Right to Know Day last September 28, Jamaican Minister of Information, Senator Colin Campbell stated that, “It is accepted that successful Assess to Information regimes promotes efficiency and effectiveness in Government and ultimately build public trust and partnerships.”
At the Thursday, December 14, sitting of the National Assembly, AFC Chairman Raphael Trotman MP took steps to have the bill deferred in order to save it from being thrown out during the stage of its first reading. The objective is to allow Government time for study and assessment of the administrative implications of the bill. Should the Guyana Government support the passage of the bill, Guyana will join some sixty other countries in this hemisphere which have enacted FOI legislation. Sweden , being the oldest country to adopt a RTI law, has done so two hundred and forty years ago in the year 1766.
PARLIAMENTARY QUESTIONS SUBMITTED BY MR. RAPHAEL TROTMAN TO BE ANSWERED BY THE MINISTER OF HOME AFFIARS
1. Has Mr. Bernard Kerik and/or his company been hired or contracted in any capacity as a consultant, or otherwise to advise, or be involved in law enforcement in Guyana ?
2. If Mr. Kerik has been, or is likely to be retained, what is the remuneration and benefits to be offered to him and his associates by the Government of Guyana?
3. Can the Minister of Home Affairs say what the total number of persons imprisoned in Guyana as of December 1, 2006 is?
4. Can the Minister provide a detailed breakdown of the categories and numbers of each offence for which persons are incarcerated?
5. What is the total number of persons arrested for offences related to marijuana (Cannabis Sativa) for the period 2005-2006?
6. What is the total number of persons successfully prosecuted for being in possession of marijuana (Cannabis Sativa) during the period 2005-2006?
7. What is the average cost to prosecute each such case?
8. What is the current number of persons on remand, or serving sentences, for being in possession of marijuana (Cannabis Sativa)?
9. How many of these persons are females and how many are males?
10. Does the Government of Guyana have any immediate plans to establish a Rehabilitation Centre or Centres as provided for in the Narcotic Drugs and Psychotropic Substances Act of 1988?