Freedom of expression & right of information
M Mohsin Iqbal
Information is power for development. For this reason, the right to
information is an important human right. There is an exciting global
trend towards recognition of the right to information by States,
intergovernmental organizations, civil society and the people. There is
a growing body of authoritative statements supporting the right to
information, made in the context of official human rights mechanisms,
including at the United Nations, the Commonwealth, the Organization of
American States and the Council of Europe. Numerous laws giving effect
to this right have, in the last few years, been adopted in all regions
of the world.
Many intergovernmental organizations and professional organizations now
have in place information disclosure systems which are reviewed and
updated on a regular basis. The right to information has been recognized
as a fundamental human right, intimately linked to respect for the
inherent dignity of all human beings. Freedom of information, including
the right to access information held by public bodies, has long been
recognized not only as crucial to democracy, accountability and
effective participation, but also as a fundamental human right,
protected under international and constitutional law. In a Democracy
freedom of expression is not confined to the freedom of speech, it
includes the freedom to express ones feelings, ideas, emotions and
thought without restriction. A democracy functions best when the people
are well informed and are free to participate in public issues and have
access to the widest choice of information and solutions to problems and
issues that affect them. Democracy and national stability are enhanced
by policies of openness which engender greater public trust in their
representatives. This is a crucial aspect of effective governance -
without the support and trust of the people, governments will be more
likely to face resistance to their policies and programmes and
implementation will be more difficult.
Freedom of Expression and the Right of Information is an important
because it is fundamentally related to citizen empowerment, good
governance and development. Its benefits include: Promotes Transparency
Freedom of Information enables citizens to see how governments, those in
public office, are working; Promotes Accountability Once citizens know
what their government is doing they are in a position to hold those in
office accountable for their decisions and actions. The same applies for
designated oversight bodies such as parliamentary committees: they need
information to be able to fulfill their mandate; Reduces Corruption
Secrecy and lack of information create a breeding ground for corruption
and abuses of power. By promoting transparency and accountability
Freedom of Information curbs such abuses; Improves Service Delivery and
Government Functioning By making those in office accountable for their
actions and by giving citizens a voice, Freedom of Information helps
ensure the former work for the benefit of the latter. It thus promotes
better planning and service delivery, i.e. improved education, health
care etc.Promotes Access to Services/Entitlements When citizens have
access to information about service delivery and other government
functions, they know what they are entitled to and they know how and
where to demand their right to those services and other benefits;
Promotes Political Participation Citizens who understand public affairs
and what government is doing can voice their opinion on issues that
affect their lives: they can participate in the business of government.
Freedom of Information facilitates citizens in making political and
economic choices and thus strengthens democracy; Strengthens Press
Freedom The media are sometimes referred to as the ‘fourth pillar of the
state’.
They have an important role to play in keeping citizens informed,
keeping those in office ‘on their toes’, highlighting issues of public
interest, and so on. In order to be able to perform this role properly
the media need access to information. Freedom of Information strengthens
the media, and thus democracy; Promotes Economic Growth By promoting
transparency and reducing corruption, Freedom of Information creates a
rule-based environment in which, for example, information about business
opportunities is equally accessible to everyone, contracts are awarded
in an open and transparent manner, investor confidence is high etc.
Freedom of Information thus creates an environment conducive to
investment and business.
Some key measures necessary for Freedom of Expression and the Right of
Information Implementations are: Awareness-Raising Communication
activities should be undertaken to make the public aware of their rights
under Freedom of Information (FOI) legislation and how they can exercise
those rights. This includes disseminating information about appeals
procedures. Simple Procedures The steps involved in accessing
information should be simple and straightforward. Pre-printed request
forms should be available, but their use should not be mandatory. Time
Limits These should be set for all FOI procedures: responding to initial
requests, referring requests to other bodies, responding to appeals, and
so on. Time limits should be kept to a minimum. There should also be
fast track procedures to access urgent information. Free/Minimal Cost
Ideally people should be able to make requests for information free of
charge: the cost of providing information should be borne by the public
body concerned. If fees are necessary they should be kept as low as
possible.
Capacity-building Designated officials in public bodies should be
trained appropriately so they can respond efficiently to information
requests. Records-Keeping Public bodies should be required and
facilitated (through training, resource allocations, etc) to maintain
proper and timely records. Resource Allocations Sufficient funds should
be allocated to implement FOI legislation. This includes allocation of
funds to each public body specifically for record-keeping and responding
to FOI requests, as well as to designated FOI bodies (e.g. external
appeals and review bodies). Review and Monitoring Regular internal and
external reviews of FOI implementation (e.g. number of requests
received, number of responses made with information, number of denials
of information, time taken, etc) should be carried out. This should be
geared to promote enforcement of FOI legislation as well as to identify
weaknesses and bring about improvements in FOI regimes.
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