Session 4.3 Freedom of Information Laws and other ways

to collect, share and access information

Training workshop3-4 Nov 2010

Strengthening transparency, integrity and accountability: preventing corruption in water

IRC International Water and Sanitation Centre

Use of FOI laws:Session Outline

• Information is KEY• What can FOI do for me?

– Background– Core principles– Where are there FOI laws?– Making FOI work– FOI in practice– Where there is no FOI

• Taking control

• What can I do for FOI?• What can we do without FOI?

INTEGRITY

Accountability

Participation

Information

Information is KEY:a means to an end

FOI: Background

Why FOI?

For public• Right to know is human right• Hold government accountable• Informed participation in decision

making• Government information is public

good

For government• Obligation to support public interest• Openness and transparency improves

trust• Better info management improves

efficiency

FOI: Background

“Freedom of information is a fundamental human right and the touchstone for all freedoms to which the United Nations is consecrated.”

— United Nations’ General Assembly, 1946

“The free flow of information and ideas lies at the heart of the very notion of democracy and is crucial to effective respect for human rights…Central to the guarantee in practice of a free flow of information and ideas is the principle that public bodies hold information not for themselves but on behalf of the public.”

– Abdul Waheed Khan. Assistant Director-General for Communication and Information, UNESCO

FOI: Background

“Information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”

-FOI act of India

FOI: Background

International/UN• Article 19, Universal Declaration of Human Rights (1948)• Article 13, United Nations Convention Against Corruption (UNCAC) (2003)

Regional• Declaration of Principles on Freedom of Expression in Africa: Part IV (2002)

[not binding]• Article 32(1), Arab Charter on Human Rights (2004) [not ratified]• Article 10, European Convention for the Protection of Human Rights and

Fundamental Freedoms (1950) + Aarhus Convention (1998) Convention on Access to Official Documents (2008)

• Inter-American Declaration of Principles on Freedom of Expression (2000)

WASH• Right to water and sanitation legislation• WHO Water Quality Guidelines• Convention on the Protection and Use of Transboundary Watercourses and

International Lakes (1972)

FOIs around the world

FOIs around the world: ACRA countries

• Not a pretty picture

• Ecuador– Some nice principles– Some glaring problems– Slow implementation– Lack of awareness

FOIs around the world: ACRA countries

• Burkina Faso: ‘culture of secrecy’

• Bolivia: Decree on Freedom of Information (2004)

• Senegal: highly unrestricted media!

• The Access Initiative (TIA) includes: Tanzania, Cameroon, Bolivia, Ecuador, Honduras, El Salvador, Nicaragua

What’s in an FOI?

FOI core principles

1. maximum disclosure2. obligation to publish 3. promotion of open government4. limited scope of exceptions 5. processes to facilitate access6. costs7. open meetings8. disclosure takes precedence 9. protection for whistleblowers

FOI core principles

• Basic information (Who’s who, access guide, complaints procedure)

• Response time limits, fair costs• Information Officer (organisation level)• Independent national Information Commissioner• Capacity building and awareness (organisational level)• Public awareness• Resources for improving accessibility, capacity building

and awareness raising• Non-compliance sanctions• Whistleblower protection• Often partnered with an ombudsperson

FOI: Shortcomings

The World Health Organization’s Guidelines on Drinking Water Quality recommends:

• “the publication of information on public health aspects of drinking-water supplies, water quality and performance of service providers.

• “publication of such information can encourage service providers to follow good practices, mobilize public opinion and response, and reduce the need for regulatory enforcement, which should be an option of last resort.”

However:

• “in many communities, the simple right of access to information will not ensure that individuals are aware of the quality or safety of the water supplied to them. The agencies responsible for surveillance should develop strategies for disseminating and explaining the significance of results obtained”.

-Beyond FOI

• The Right to Know• Access to Justice• Freedom of the press• Freedom of expression

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers."

— — Article 19, Universal Declaration of Human Rights (1948):Article 19, Universal Declaration of Human Rights (1948):

Where there is no (effective) FOI

• Alternative legislation (constitution, regional, international)

• Civil society, national / international support groups (TI, WIN)

• Media (incl. community radio & citizen journalism)

• ‘Pacts’

Where there is no (effective) FOI

• OTHER FORMS OF ACCESS TO INFORMATION: – Data collection / surveys / monitoring– Public reporting– Learning through sharing / partnerships /

knowledge platforms– Technology (open-source databases, satellite

imagery, mobile phones, etc.)– Voice: demanding participation / recognition

FOI in practice (1)

Cases from GCR2008:

• Madya Pradesh, Keolari villagers exploit RTI Act to prevent politician from hoarding a village well.

• Delhi and Rajasthan NGOs use Act to check status of complaints, conduct financial monitoring. When they meet refusal: satyagrah

• Clearing muddied waters: groups in India fight corruption with information (GCR, 2008)

FOI in practice (2)

• 1.3 million manual latrine scavengers remain in India

• Forbidden by law since 1993

• 2008: Delhi denies existence of scavengers

• NGO files RTI request; accesses survey identifying 1,085 scavengers

• Supreme Court sends notice to Delhi govt

When there is cooperation

WIN Case Information Sheets

• Cochabamba, Bolivia– “Citizen Directors” can access water utility’s

official documents

• Colombia– Regulator institutes “Unique System of

Information”