COMMENTARY

Open Sesame - Freedom of Information

By Mandakini Devasher
Commonwealth Human Rights Initiative

Wednesday,  March 8, 2006

It is with excitement and the hope that a new era of good governance awaits Caymanians that the campaign for a national Freedom of Information (FOI) Law has officially begun. Hon. Kurt Tibbetts, Leader of Government Business, kick-started the public consultation process on the draft FOI Bill at a press conference on 8 January 2006.

Keen to get people enthusiastic and involved in the drafting process, the Government has invited the public to send comments and suggestions on how the Bill can be improved by 28 April 2006 when the Bill will formally be considered by a Select Committee of the Legislative Assembly. The draft bill can be downloaded from the Government’s FOI website www.foi.gov.ky.

The value of the right to information cannot be underestimated. It is a fundamental tool that gives citizens the ability to engage more effectively with government officials because they can ask questions – and demand answers – about governance and development issues that affect their lives. In many countries, experience has shown that citizens’ use of the right to information has had a significant impact in bringing Government closer to the people and making officials more accountable to the public.

The effective implementation of a freedom of information law can make it much more difficult for officials to cover up their corrupt practices, can help to expose poor policymaking and revive the political, economic and social development of the country.

A freedom of information law can also bolster the effectiveness of national and local development strategies.

In recent years, much of the failure of development strategies has been a result of governments formulating and implementing policies without the active input of the very citizens targeted by such policies. With a right to information law in place however, governments have to share information on their development strategies and the public can then have a voice in determining how these policies can more effectively meet their needs.

An FOI law can also open up channels of communication between citizens and the state, which can be crucial to national stability. Information sharing and openness help bolster public trust in the political system, by establishing a two-way dialogue between citizens and the state.

Such a dialogue can combat feelings of exclusion, fear and victimisation, and reduce the risk of marginalised sections of the public resorting to violence to promote their political ends. Entrenching an effective freedom of information law can enable people to be part of decision-making processes thus reducing any public perception of exclusion of opportunity or unfair advantage of one group over another.

Experience from other countries has shown that for any right to information legislation to be effective, it needs to be respected and “owned” by both the government and the public. In this sense, it is commendable that the Government is going all out to ensure that Cayman Islanders are involved and own this new piece of legislation.

As a part of a major campaign to raise public awareness on the right to information, the Government has stated that it is arranging for a series of public meetings and consultations on FOI and dissemination of information on FOI via the internet, Government website, pamphlets, direct mail and posters etc.

It is to be hoped that these measures will reflect an ongoing commitment by the Government to ensure that the draft Cayman Islands FOI Bill is a strong and effective piece of legislation which has widespread support of the government and the public.

Today, the Cayman Islands is one amongst a number of countries waking up to the fundamental importance and value of freedom of information as a tool to promote good governance and citizens’ participation. Currently, around the world, over 65 countries have enacted FOI laws.

Closer to home, in the Caribbean - Jamaica, Trinidad and Tobago, Antigua & Barbuda and Belize have enacted FOI Laws, while the Governments of Guyana and Bermuda have stated that they intend to develop FOI legislation.

An FOI law needs to legally enshrine the right of citizens to request access to information and the duty of the government to supply information on request and proactively in some instances. Best practice requires that effective FOI legislation will:

Promote the principle of maximum disclosure, subject only to limited, tightly drafted exemptions;

Ensure that access procedures are user-friendly, cheap, quick and simple;

Require decisions regarding disclosure to be reviewable by an independent, impartial body, such as an Information Commissioner or Ombudsman;

Permit penalties to be imposed on officials for non-compliance with the law;

Impose ongoing monitoring, training and public education duties on the Government.

Freedom of information has long been recognised as a key human right ever since the UN General Assembly declared in 1946 that “Freedom of information is a fundamental human right and a touchstone of all freedoms to which the United Nations is consecrated.”

Today, the Cayman Islands has a unique opportunity to develop a strong FOI law and make the right a reality for Cayman Islanders.

The onus is now on the public to engage in the process and ensure that this crucial piece of legislation will meet their needs. To quote the Government’s own FOI slogan - “Don’t Sit on the Sidelines, Get Involved”.

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