Findings of the Americas Regional Conference on the Right of Access to Information Findings of the Americas Regional Conference on the Right of Access

Findings of the Findings of the Americas Regional Americas Regional Conference on the Conference on the Right of Access to Right of Access to

Information Information Carole ExcellCarole Excell

FOI CoordinatorFOI Coordinator

ObjectivesObjectives Goal :To ensure the advancement of the

right of access to information in the Americas by developing a PLAN of ACTION.

Objectives of the conference :1. Identify and explore challenges and potential solutions specific to the Americas;2. Advance the right regionally and nationally.

Follow up to the Atlanta Follow up to the Atlanta DeclarationDeclaration

The Declaration recognizes that The Declaration recognizes that

““Access to information is a Access to information is a fundamental human right; it is fundamental human right; it is essential for human dignity, essential for human dignity, equity and peace with justice; equity and peace with justice; and a lack of access to and a lack of access to information affects the poor, information affects the poor, women, and other vulnerable and women, and other vulnerable and marginalized people." marginalized people."

Key to the Declaration Key to the Declaration

Enacting a comprehensive law is essential, but insufficient.

Need:- An appropriate institutional

framework A public administration capacity to

manage and provide information. To raise public awareness of the

right of access to information, and ensure capacity to exercise the right.

Discussions – Is Discussions – Is Transparency Transparency Delivering?Delivering?

Transparency Laws have been Transparency Laws have been used as used as

1.1. Grievance mechanismsGrievance mechanisms

2.2. Avenues to ensure frugalityAvenues to ensure frugality

3.3. A mechanism to provide A mechanism to provide information to protect information to protect health & the environmenthealth & the environment

4.4. A tool to create political and A tool to create political and policy changespolicy changes

BRASIL-The Transparency Portal provides

information on:

• Resources applied directly by the federal departments

• Federal resources transferred from the federal level to states and municipalities.

• Federal resources transferred directly to citizens.

• Transactions on the Federal Government's Purchase Card.

•Seen as an anti corruption/ transparency Seen as an anti corruption/ transparency mechanismmechanism

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www.portaldatransparencia.govwww.portaldatransparencia.gov.br.br

Transparency PortalTransparency Portal

Transfers

Direct Spending

Punished Firms

Budget year

By state/county

spending category

Transfers to citizens

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Discussions – Is Discussions – Is Transparency Delivering?Transparency Delivering?

The effect in Brazil has been :-The effect in Brazil has been :- Reduction in expenditure by Reduction in expenditure by

government agencies at the government agencies at the federal and local levelfederal and local level

System seen as inhibiting System seen as inhibiting corruption as audit reports are corruption as audit reports are now on-linenow on-line

Easier system to notice Easier system to notice irregularitiesirregularities

Is Transparency a Is Transparency a Luxury?Luxury?

Currently governments are facing Currently governments are facing both local and global problems:both local and global problems:

Social justice and developmentSocial justice and development Delivery of public servicesDelivery of public services Climate changeClimate change Recession & Banking CrisisRecession & Banking Crisis Security issuesSecurity issues

Transparency and Accountability in Transparency and Accountability in Climate ChangeClimate Change

National Adaptation National Adaptation

Planning: 15 countriesPlanning: 15 countries

137 proposed projects137 proposed projects

Millions of dollars are Millions of dollars are

being spent on support of being spent on support of

such projects (Bangladesh such projects (Bangladesh

setting up US$ 45 million setting up US$ 45 million

trust fund -donor funds)trust fund -donor funds)

Transparency and Accountability in Transparency and Accountability in Adaptation Planning: FindingsAdaptation Planning: Findings

Construction and training Construction and training emphasisemphasis

General lack of information General lack of information about expansion and about expansion and strengthening of institutional strengthening of institutional mandates. mandates.

Total lack of measures to Total lack of measures to improve institutional improve institutional transparency and accountability.transparency and accountability.

Importance of Access Importance of Access to information to information

To be sustainable ( investment in To be sustainable ( investment in Climate Change) important to:Climate Change) important to:

- Invest in institution-buildingInvest in institution-building- Minimum requirements for Minimum requirements for

transparency and participationtransparency and participation Support for independent CSO Support for independent CSO

monitoring of government monitoring of government accountabilityaccountability

Maintenance and continued Maintenance and continued investment of existing national investment of existing national safeguard mechanisms safeguard mechanisms

- EIA, SEA, emergency info, and PRTREIA, SEA, emergency info, and PRTR

Action PlanAction Plan

““The greatest challenges to the The greatest challenges to the right of access to information right of access to information are a lack of implementation are a lack of implementation and enforcement, backsliding and enforcement, backsliding in the more developed systems, in the more developed systems, and an absence of widespread and an absence of widespread use of the existing legislation use of the existing legislation and mechanisms”.and mechanisms”.

Critical Findings for Critical Findings for CaymanCayman

“States should ensure that all public policies and regulations are created and function consistent with the principles of maximum disclosure and transparency, and that all branches of government and public agencies perform according to these tenets”.

Proactive Publication Schemes by 2010 Proactive Publication Schemes by 2010 ( January) ;( January) ;

Some Public Authorities - pattern of deemed Some Public Authorities - pattern of deemed refusals; refusals;

Under-reporting requests likely;Under-reporting requests likely; FOI Forms are not widely available in all FOI Forms are not widely available in all

public authorities at front desks;public authorities at front desks; Request average good but numbers down.Request average good but numbers down.


“Where not currently covered, States should extend the scope of access to information laws to cover key institutions and bodies and these should be subject to the full requirements of disclosure, including:

a) Central banks and public authorities developing monetary policy; - Monetary Authority s.50 EXEMPTION

b) Private sector bodies that provide public services or receive public funding; e.g. CUC and Cayman Water

c) Political parties and movements registered in the electoral system; Governor has recently called for a more open process

d) Judicial and Legislative branches of government. Legislative Assembly not covered by FOI, rules relating to judicial arm of government more restrictive than FOI Law


““Although technology can assist access Although technology can assist access to information, it is not a panacea. States to information, it is not a panacea. States use of websites and new technologies is use of websites and new technologies is but one avenue for dissemination rather but one avenue for dissemination rather than a substitute for meaningful access than a substitute for meaningful access to information whereby all persons have to information whereby all persons have the right to seek and receive information the right to seek and receive information regardless of the medium”.regardless of the medium”.

We need to think about how to We need to think about how to provide information in differentprovide information in different formats and re-think our avenues of formats and re-think our avenues of disseminationdissemination

Critical Findings for Critical Findings for CaymanCayman““States should : States should :

a) Designate a specific budget for each a) Designate a specific budget for each public body; public body;

b) Increase capacity and resources for b) Increase capacity and resources for Information/Access Officers and Archival Information/Access Officers and Archival and Records Managers,; and Records Managers,;

c) Assure the generation (supply) of c) Assure the generation (supply) of accurate and understandable accurate and understandable informationinformation

d) Afford specialized Records Management d) Afford specialized Records Management training for all public officials.”training for all public officials.”

The FOI Unit needs to review what The FOI Unit needs to review what resources are being given to FOI within resources are being given to FOI within each public authority and continue to each public authority and continue to work closely with the Archives on work closely with the Archives on training and publication schemes.training and publication schemes.


““States should : States should : h) Perform periodic evaluations of the h) Perform periodic evaluations of the

efficiency and effectiveness of the efficiency and effectiveness of the information regulations, institutions and information regulations, institutions and practice; practice;

i) Share best practices and collaboration i) Share best practices and collaboration across public agencies; and across public agencies; and

j) Encourage the use of technology, as j) Encourage the use of technology, as appropriate”. appropriate”.

Information Manager Network meetings are Information Manager Network meetings are critical to continue sharing best practices. critical to continue sharing best practices. Information Managers need to share using an Information Managers need to share using an on-line network. Continued refinement and on-line network. Continued refinement and monitoring of JADE needs to be on-going.monitoring of JADE needs to be on-going.


States should issue clear regulations States should issue clear regulations or rules for record-making and or rules for record-making and management, including specific management, including specific provisions to deter the increasing use provisions to deter the increasing use of the “nonexistence of record” as a of the “nonexistence of record” as a reason for denial and should monitor, reason for denial and should monitor, investigate and apply sanctions for investigate and apply sanctions for inappropriate use of this justification inappropriate use of this justification for rejecting information requests.for rejecting information requests.

Jan 2009-June 1 Jan 2009-June 1 No records found - 13.6 % - 51/376No records found - 13.6 % - 51/376 Refusal rate is 17% or 64/376Refusal rate is 17% or 64/376


“States should assure that enforcement mechanisms are accessible and timely, including establishing intermediate appeals bodies, providing necessary human and financial resources, and capacitating all judges and any others responsible for resolving access to information complaints”.

The FOI Unit has not done a sensitization for judges and this must be a priority for 2009-2010.


“To promote demand for information, States should strive to build confidence in the system through:

a) Ensuring that requests receive timely and satisfactory responses;

b) Providing effective and enforceable sanctions for inappropriate denials, obstructing requests for and receipt of information, and all other failures to comply with the right to information regime; and

c) Establishing appropriate enforcement measures”.

The Information Commissioners report to the LA should assess whether the FOI Law is working to achieve these standards through consultation with the public.

Timely responses is becoming a concern in certain agencies

Public Education on enforcement of the right to information and appeals is critical

Critical Findings for Critical Findings for CaymanCayman States should further encourage demand

through raising awareness of the right of access to information, including:

a) Formal education through curriculum-building and training in public and private elementary and secondary schools and education programs in law and journalism schools;

b) Widespread public education campaigns; and

c) Training and capacity building to enjoy use of new technologies.

We need to introduce FOI into We need to introduce FOI into schools curriculum, libraries and at schools curriculum, libraries and at UCCI.UCCI.


““Building demand requires a Building demand requires a knowledge and understanding of the knowledge and understanding of the benefits of access to information for benefits of access to information for the individual and the State. However, the individual and the State. However, an asymmetry across societies persists, an asymmetry across societies persists, with vulnerable groups having the least with vulnerable groups having the least knowledge and capacity, most limited knowledge and capacity, most limited access, greatest inability to access, greatest inability to communicate in the dominant or communicate in the dominant or official language, and yet the most official language, and yet the most essential need for information”. essential need for information”.

We need to assess how we can make We need to assess how we can make this Law “real” to the people who need this Law “real” to the people who need it most in Cayman.it most in Cayman.

What does that tell us..What does that tell us..

We cannot assume that the work We cannot assume that the work of the Unit is over- sustainability of the Unit is over- sustainability of the FOI regime is key.of the FOI regime is key.

Proactive publication must be Proactive publication must be incorporated as a process within incorporated as a process within public authorities. public authorities.

On going training at Basic and On going training at Basic and Advanced levels is needed. One Advanced levels is needed. One course on FOI in 2008 is not course on FOI in 2008 is not sufficient for Information sufficient for Information Managers.Managers.

What we can do..What we can do..

Public Authorities need to commit to Public Authorities need to commit to proactive publication. proactive publication.

We need to work on our publication We need to work on our publication schemes, make them relevant and schemes, make them relevant and provide information that the public provide information that the public wants access to.wants access to.

On going training at various levels is On going training at various levels is needed. One course on FOI in 2008 needed. One course on FOI in 2008 is not sufficient for Information is not sufficient for Information Managers.Managers.

What we can do..What we can do.. Ensuring sustained public education about Ensuring sustained public education about

the right to information is something the right to information is something that all public authorities should have a that all public authorities should have a role to play in.role to play in.

Administrative processes in each public Administrative processes in each public authority for FOI must be clear and authority for FOI must be clear and understood by all civil servants and chief understood by all civil servants and chief officersofficers

The time to stop talking about FOI and the The time to stop talking about FOI and the culture of secrecy in the public service culture of secrecy in the public service has not happened yet.has not happened yet.

ConclusionConclusion

We have achieved a lot but there is We have achieved a lot but there is much more to domuch more to do

We must capture the lessons we We must capture the lessons we have learnt along this journeyhave learnt along this journey

Documents

Findings of the Americas Regional Conference on the Right of Access to Information Findings of the Americas Regional Conference on the Right of Access