By Toby McIntosh for Freedominfo.org
Freedom of information laws were created in seven countries in the year since the last Right to Know Day, notable positive changes were recorded in four other countries and active efforts to pass laws are under way in about 18 nations, according to a FreedomInfo.org survey.
Since International RTK Day 2010, first-time laws were adopted in: El Salvador, Guinea Canakry, Guyana, Jersey, Liberia, Nigeria and Mongolia.
In addition, significant pro-access developments occurred in other countries, including administrative decrees in Tunisia and Niger. The Chinese and Ugandan governments took administrative steps toward greater openness.
In 18 countries, efforts to pass new laws are ongoing, with some countries seemingly poised to pass FOI laws.
On the other hand, negative transparency proposals surfaced in a handful of countries, some successful, and efforts to reform existing access regimes, while fruitful in the Ukraine, often ran into opposition.
Overall, the level of activity appears higher than that recorded in the previous year.
In last year’s FreedomInfo.org’s tally showed that a dozen countries were considering adoption of FOI laws and only one country, Bermuda, had adopted a law.
Now in its ninth year, International Right to Know Day was begin by FOI Advocates in 2003 and is celebrated in dozens of countries with activities ranging from seminars and conferences to awards for best and worst practices by government officials.
Another significant development over the yearwas the creation of the multinational Open Government Partnership. (See FreedomInfo.org overview.)
New Laws: West Africa Active
After an 11-year campaign, the signing of a FOI law May 28 in Nigeria came soon after passage of a harmonized version by the Assembly. The law has been praised by advocates and set an example followed by one Nigerian state, Ekiti, which approved its own FOI law.
In October, Liberian President Ellen Johnson Sirleaf signed into law the Liberian Freedom of Information Bill.
Almost unnoticed, an access law for Guinea Canakry was issued in November 2010 by the outgoing military government.
Most recently, Guyana’s National Assembly passed a long-awaited bill that is expected to be signed soon.
Mongolia in June adopted its Law on Information Transparency and Right and Freedom to Access Information.
The Jersey Assembly in May approved a FOI law, but decided it will not go into force until the end of 2015.
And in March, El Salvador’s legislative assembly approved a Law on Access to Public Information.
Administrative Actions in Tunisia, Niger
In several other countries, pro-transparency efforts came outside the legislative process.
In Tunisia, a Decree on Access to Administrative Documents was issued in May, although the exemptions were criticized as too broad.
The transitional government in Niger in March issued a “Charte d’accès à l’information publique et aux documents administratifs” instructing administrative bodies on releasing information.
Other Positive Moves
In Morocco, voters in July approved a new constitution that includes a provision on access to information. Transparency activists hope to have an access law on the books by the end of 2012.
In January, the Ukrainian parliament adopted new two new laws much improving existing laws on access to public information.
Also positive were changes in China an Uganda.
As of August, Chinese citizens will be able to sue the central government and local governments if their requests for information are denied and in July officials urged local officials to be more open.
And Uganda finally issued regulations to implement its FOI law, although they have been criticized subsequently.
In addition, several subnational jurisdictions have adopted FOI laws: Selangor in Malaysia and Ekiti in Nigeria.
Tantalizingly Close: Efforts to Pass Laws Under Way
The prospects of more new laws being passed in the coming year is real.
Promising signals from officials, however, don’t always translate into prompt action, as frustrated activists have found in countries such as Argentina, Brazil, Ghana, the Philippines, Rwanda and Sierra Leone, to name a few. Still, on all those countries the process is seemingly advanced.
Perhaps the most resounding defeat came in Sri Lanka, but in many other countries, official resistance is strong.
Efforts to Pass Laws Ongoing in 18 Countries (more…)
