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News
Updates (Archives) - 2007
Cayman Islands: The
Cayman Islands’ Legislative Assembly passed the Freedom
of Information Bill 2007 into law on 31 August 2007. The
law, which was developed after nearly two years of consultation
with the public and other stakeholders, will come into effect
gradually over the next 14 months. A Freedom of Information Steering
Committee (FOISC) has also been established to guide the implementation
process. The FOISC has already established a
website through which the public can access all relevant information
about the law, how it was developed, and what action the Government
is now taking on it. (24/09/07)
Malta: On
the 19th July, the Prime Minister of Malta released his Government's
proposals for a Freedom of Information law in the paper 'Towards
Greater Transparency and Accountability'. The unveiling of
this paper builds on recent steps to increase government transparency
and sets the stage for the eventual enactment of the country's
right to information law. The proposed Freedom of Information
Bill (which is included in the paper) promises to grant Maltese
citizens access to information held by government bodies, and
requires that requests be answered within 20 days with a possible
extension of an additional 40 days. The Government remains open
to suggestions about the proposals, requesting any comments or
recommendations on how to improve the policy and draft bill be
given by 31 October 2007. (20/07/2007)
Nepal: The
18th of July 2007 marked a milestone for the right to information
in Nepal, with the passage of the Right to Information Bill 2007
by the interim parliamentary legislature following a 16-year struggle
to pass such a law. The Bill, which will come into effect
after one month, grants access to information held by state agencies
and creates a National Information Commission to implement its
provisions. The Bill also includes many progressive provisions
such as providing whistleblower protection and requiring that
public organisations prepare, publish and regularly update information
relating to their proceedings. Krishna Bahadur Mahara, Minister
for Information and Communications, publicly announced his support
for the Bill, stating that he hopes it will help Nepal move towards
becoming a more transparent nation. (19/07/2007)
European Union:
The
European Union (EU) Information Society and Media Commissioner,
Viviane Reding, announced Monday that freedom of expression and
information are chief prerequisites for EU membership. Reding's
comments followed the signing of the first media sector global
framework agreement by the International Federation of Journalists,
the European Federation of Journalists, and German media group
WAZ. This agreement stated the groups' intentions to promote quality
journalism throughout Europe; intentions greatly aided by freedom
of information and expression. Without freedom of information
and expression, journalists cannot fulfill their fundamental obligations
as members of the media. (10/07/2007)
Spain: A
resolution adopted by the Spanish Parliament on 30 May calls for
the representatives of Spain to the World Bank and IMF to report
annually on the decisions made on behalf of Spain in these International
Financial Institutions (IFIs). The resolution calls for their
reports to include information on attempts to eradicate debt in
impoverished countries and on progress towards Millenium Development
Goals. The resolution seeks to greatly increase transparency in
Spain's national development policy as the representatives are
currently only accountable to the Ministries of finanace and economy.
The resolution would also increase governmental accountability,
increasing the public's ability to know how Spanish funds are
spent in these IFIs. (10/07/2007)
Bangladesh: Army
Chief Gen Moeen U Ahmed has tabled a seven-point proposal for
fighting corruption as part of a greater attempt to usher in an
era of transparency and accountability in the country. Moeen
also stated that he hoped for the introduction of a Right to Information
Act and a review of the country's Official Secrets Act in order
to reveal government misdeeds that may otherwise remain indefinitely
shrouded in secrecy. The army chief suggested that Bangladesh
look to other South Asian countries, such as India and Pakistan
for examples of how the right to information has helped to curb
corruption. (12/07/2007)
UK: NGOs
English Pen, Index on Censorship and Article 19 have issued a
joint statement to the new Prime Minister Gordon Brown proposing
10 measures for the protection of human rights and freedom of
information. Tony Blair oversaw the enactment of the Freedom
of Information (FOI) Act 2000 but there have been many recent
attempts to limit civil freedoms. Recommendations included; taking
measures to safeguard freedom of information and expression, reforming
the Official Secrets Act and providing increased protection for
whistleblowers and promoting increased media freedom. The organisations
not only called for a governmental reform in the UK but asked
that the country to take a stand on human rights at an international
level in order to serve as an example for other countries. (29/06/07)
Pakistan: On 26 June 2007, Pakistani
media organisations met at a national consultation to issue the
Islamabad
Declaration which calls upon the government to stop limiting the
freedom of the media. The Declaration states that such limitations
prevent the full realisation of the people’s right to information
and claims “media freedom is an essential prerequisite to
the establishment and sustenance of a democratic and just dispensation,
transparent, accountable and responsible governance, responsive
to the needs, aspirations, and the will of the people”.
At the consultation, The President of the Media Commission of
Pakistan called upon Pakistani citizens to launch a nation-wide
campaign in defence of press freedom and the right to know. (28/06/07)
UK: In
an attempt to strengthen the Freedom of Information (FOI) Act,
Tom Brake MP has introduced the FOI (Amendment) (No 2) bill which
received its second parliamentary reading on Friday 15 June.
This bill was introduced in response to MP David Maclean's unsuccessful
bill that strove to weaken the FOI Act by exempting Parliament
from its ambit. Blake's bill would strengthen the Act by removing
ministerial veto power, setting a time limit for responses to
public interest requests, and extending the range of bodies covered
by FOI legislation to public sector contracts. Presenting the
bill in the Commons Brake said "My Bill will demonstrate
to our constituents that Members are committed not only to protecting
freedom of information legislation, but to reinforcing it."
Note: The Freedom of Information (Amendment) (No 2) bill was opposed
at second reading in the Commons last Friday and adjourned until
29 June. (20/06/07)
Australia: The NSW Parliamentary Library
has produced a briefing
paper on the NSW Freedom of Information Act which should prove
a great help to individuals and groups trying to navigate their
way through the law and use it as a tool to hold the Government
accountable. The law, which is known to be full of bureaucratic
traps and can be quite confusing, already exempts NSW houses of
Parliament from its scope, unlike the laws of India, South Africa,
Ireland and Britain. The briefing paper helps citizens understand
the law in simple and direct language by giving a thorough overview
of the provisions and summarising the key tribunal and court decisions
that have changed how the law is interpreted. The paper is considered
a key step forward in improving the ability of people to use NSW’s
freedom of information legislation. (15/06/07)
Australia: The
newly formed Right to Know Coalition has named Irene Moss as chair
of its audit of Australian media freedom. Moss has previously
served five years as Commissioner of New South Wales’ Independent
Commission Against Corruption (ICAC) and was also a Race Discrimination
Commissioners with the Human Rights and Equal Opportunities Commission.
There are currently 500 laws which serve to limit the release
of public information in Australia and international watchdog
Reporters Without Borders has ranked the country’s media
freedom poorly. Moss is committed to conducting an impartial assessment
of free speech by asking the media what they believe to be barriers
to accessing and reporting information. Moss’ report is
due to be finished later this year. (15/06/07)
UK: The
private member’s bill which attempted to exempt parliament
and MP’s correspondence from the Freedom of Information
(FOI) Act 2000 has failed to receive support from the House of
Lords; no peer came forward to sponsor the Bill by Wednesday’s
deadline. Although it is still possible that the bill may be revived,
it is hoped that it will now be abandoned by the government. The
bill has received widespread condemnation by MPs and civil society
groups and many were shocked when it was passed by the House of
Commons in May. The bill contravenes international best access
to information standards and if passed, would greatly weaken the
right to information in the UK. (15/06/2007)
Kenya: The
ongoing campaign of the Freedom of Information Network to draft
a Freedom of Information (FOI) Bill for Kenya has finally been
realised. In May, the FOI Bill 2007 was introduced in parliament
by the Honourable Gideon Moi; a milestone in the nation’s
fight for information. The country’s Officials Secret Act
has impeded the quest for the right to access information for
many years yet the current Bill has the support of many sections
of Kenyan society including many government officials, civil society
organisations, and a large percentage of the population. Enactment
of the Bill will confirm Kenya as a leading democracy in Africa
and set an example for the many African countries still to introduce
access legislation. (13/06/07)
Australia: Australia’s
leading news media groups including News Ltd., Fairfax, ABC and
SBS have launched ‘Australia’s Right to Know’
campaign with the aim of fighting against the restrictions on
press freedom resulting from the country’s current laws.
According to the campaign, more than 500 Australian legal provisions
currently serve to limit public and media access to information.
Examples of the types of information the journalists have been
denied include an audit of politicians’ expenses, a list
of restaurants sanctioned by the health authorities and a ranking
of hospitals according to the quality of their medical care. The
campaign is calling for a review of the current laws that restrict
access to information in Australia. (01/06/07)
Cayman Islands:
The
Cabinet Office of the Cayman Islands has appointed Carole Excell
as Coordinator of Cayman’s Freedom of Information Unit where
she will oversee the implementation of the coming FOI law.
The Cabinet recently approved a draft of a FOI bill following
the attendance of a Cayman delegation at an access to information
seminar in Dominica last year. Mrs. Excell's responsibilities
will include analysing, formulating and disseminating policies,
procedures and guidelines for the entire public sector, as well
as monitoring and identifying shortcomings in implementation of
the law. (25/05/07)
Kenya: The ongoing campaign of the Freedom
of Information Network to draft and publicise a Freedom of Information
Bill in Kenya have finally been realised; a milestone in the nation's
fight for the right to information. The Freedom of Information
Bill, 2007 was introduced in parliament on 17 May 2007 by Hon.
Gideon Moi. For the proposed freedom of information policy 2007
to be effective in implementing a FOI regime, they must be premised
on international principles and best practices. Disclosure takes
precedence is key principle in the implementation of the law,
as the country's Officials Secret Act has derogated the quest
for freedom of information for many years. Because the government,
civil society, MPs, and a large percentage of the population are
in support of the bill, a smooth passage is expected. Enactment
of the FOI Act will confirm Kenya as a leading democracy in Africa
and sets the tone for the numerous African countries without FOI
legislation. (18/05/2007)
UK: On
the same day that Tony Blair announced his plans to step down
as Prime Minister, two individuals received a jail sentence under
the Official Secrets Act for disclosing a confidential memo containing
details of a meeting between Blair and President Bush. The
memo apparently documented Bush’s proposal to bomb the Iraqi
TV station Al-Jazeera in order to prevent it spreading negative
coverage of the war. The judgment goes against the international
best practice of providing protection to whistleblowers and calls
into question the government’s commitment to transparency
as Mr Blair’s leadership comes to an end. (15/05/07)
China: The
China State Council has published its final version of the Freedom
of Information Regulation which is due to take effect from 1 May
2008. The Regulation is China’s first national Freedom
of Information legislation and creates a general right of access
to information for the public. The
Regulation places an emphasis on the duty to proactively disclose
information which is in the interests of the public, and information
that relates to administrative affairs. To help ensure government
officials understand their duties to disclose and publish, the
Regulation encompasses the details of what the responsibilities
are under the law. (04/05/07)
Sierra Leone: The
Constitution Review Committee has adopted the Society for Democratic
Initiative’s proposal to include a section in the draft
constitution requiring Parliament to enact a Freedom of Information
law. The proposal received support from the president of the
Sierra Leone Association of Journalists, Alhaji Ben Kargbo, who
recently headed a successful campaign to remove section 25 (2)
from the constitution which allowed the President to regulate
the media. Both are significant achievements for freedom of expression
and the right to information in Sierra Leone (14/02/07)
UK: MP
David Maclean has introduced a bill to exempt the UK Parliament
and MPs’ correspondence from the scope of the Freedom of
Information (FOI) Act. The amendments have allegedly been
proposed in order to protect the privacy of constituents’
letters to MPs; but these are already exempt under the 2000 Act.
In a joint press release Article 19, Index on Censorship and English
PEN condemned the Freedom of Information (Amendment) Bill, calling
it a serious attack on the democratic process and the public’s
right to know. Even the newest and most fragile European democracies
of Bosnia and Serbia do not exclude parliament from their access
laws. (29/01/07)
UK: The
Freedom of Information Tribunal has ordered the BBC to publish
the minutes of a governors’ meeting that will reveal why
former Director General Greg Dyke was forced out following the
Hutton report. The tribunal ruled in favour of an application
by the Guardian newspaper and Heather Brooke, an open government
campaigner; the BBC has been holding the information secret for
two years. It is the first success for a national newspaper at
the tribunal since the Freedom of Information Act came into force
in January 2005. (12/01/07)
UN: The
new Secretary General Ban Ki-Moon has voluntarily submitted his
financial disclosure form to the UN Ethics Office and encouraged
others to be equally transparent. Mr. Ban has also committed
to publicising the results of his financial review which will
be conducted by independent experts Pricewaterhouse Coopers. The
financial disclosure forms, which apply to approximately 2000
UN employees, are part of an overall strategy to increase accountability
and transparency within the UN. (10/01/07)
Fiji: In
a speech supporting the political actions of Commodore Frank Bainimarama,
President Josefa Iloilo has highlighted freedom of information
as a priority area in the interim government’s mandate.
He pledged to: ‘Immediately as practicable introduce a Code
of Conduct and Freedom of Information provisions.’ The President
also emphasised the pressing need to eradicate systematic corruption
in Fiji and promised to establish an anti-corruption unit through
the Attorney General’s Office in order to set new standards
of governmental and institutional transparency. (08/01/07)
UK: A
Home Office attempt to withhold information on national security
grounds and deny the Information Commissioner the right of appeal
has been quashed by a High Court ruling. In response to a
request for personal information received under the Freedom of
Information (FOI) Act, the Home Office ordered non-disclosure
and refused to allow the Commissioner the right to view the information
in order to challenge their decision. Following an appeal to the
Information Tribunal, the High Court overruled the decision affirming
that the Commissioner’s powers under the Act “must
include the power to challenge the say so of a Minister as to
whether or not material is exempt…” (05/01/07)
International: The One World
Trust has published the findings of its 2006 Global Accountability
Report which assesses accountability levels in 30 of the world’s
most powerful international organisations including members of
the intergovernmental, non-governmental and corporate sectors.
The research focuses on four key areas: transparency, participation,
evaluation and complaints mechanisms and scores organisations
out of 100. Among the highest achievers were the Global Environment
Faculty and Action Aid International scoring 74 and 71 respectively.
Low achievers included the International Chamber of Commerce and
Human Life International scoring 9 and 16 respectively.
The
full report can be downloaded from the One
World Trust website. (05/01/07)
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