Published by the United Nations Development Programme (UNDP) in July 2004, this 39-page guidance note was written to assist UNDP programme offices in the design and implementation of right to information programmes.
The guidance note is a building block in the development of UNDP’s Access to Information ‘tool kit’ of which the
Access to Information Practice Note [MS Word format] and the
Practical Guidance Note on Civic Education [PDF format] are cornerstones.
From the Executive Summary
"In the last decade, governments around the world have become
increasingly more open. By 2003, over 50 countries had
comprehensive laws to facilitate access to official information
and more are enacting such legislation. Governments
increasingly recognize the importance of access to information
for enhancing democratic engagement, building confidence in
government institutions and strengthening their credibility
and effectiveness. However, in many States, including
democracies, people are still routinely denied access to
information that should be in the public domain. Only 30 of the
countries in which UNDP is present have laws requiring the
disclosure of government records.
This Practical Guidance Note aims to:
- Heighten awareness and knowledge within UNDP country offices (COs) on right to information generally and right to information legislation specifically;
- Assist COs by providing practical information and guidance for
right to information legislation programming;
- Signpost additional resources, sources of expertise and further
reading.
Chapter one explains what is a right to information and why it is
important, particularly the contribution right to information
legislation can make to creating a more open and democratic society,
challenging corruption and enhancing transparency and poverty
reduction (achievement of the Millennium Development Goals
(MDGs). Information can empower poor communities to battle the
circumstances in which they find themselves and help balance the
unequal power dynamic that exists between people marginalised
through poverty and their governments. This transparent approach
to working also helps poor communities to be visible on the political
map so that their interests can be advanced.
UNDP can play an important role in promoting right to information in
a number of ways including levering its relationships with host
governments; acting as a catalyst for change by supporting different
right to information initiatives; identifying opportunities for
constructive intervention in the debates and discussions that are
likely to be taking place; using its own global expertise and
experience of working on democratic governance issues; and
meeting the commitments set out in its own Information and
Disclosure Policy (IDP).
Chapter two focuses on promoting the right to information in
different contexts. While demand for right to information legislation
may be fuelled from different concerns or contexts (i.e. political transition, corruption concerns, environmental concerns, external
pressures for economic reform) the role of civil society organizations,
including the media in articulating that demand and contributing to
its realisation in actual legislation is all important. UNDP can support
campaigns for a right to information by raising awareness on the
importance of right to information legislation; supporting activities
that feed local civil society initiatives into wider debate; and
providing space for dialogue between civil society organisations
(CSOs) and public officials.
Chapter three explores the content of right to information legislation
particularly the legal guarantees provided in it and the scope of the
legislation. These aspects significantly influence the extent to which
the legislation can contribute to creating an open and democratic
society, challenging corruption and reducing poverty. The legislation
must meet minimum international standards which are described in
this guidance note among these include the principle of maximum
disclosure, limited exceptions for withholding information and the
establishment of effective and efficient appeals mechanisms.
Chapter four focuses on implementation considerations - right to
information legislation will be completely ineffectual without
measures and mechanisms focused on implementation. Building
public awareness on the right to information, promoting an informed
civil service on the implications of the legislation through specific
capacity development activities, encouraging cultural change within
the civil service built on the premise that official information belongs
to the people, developing an efficient and well organized
information management system and establishing an effective
regulatory machinery including the courts and an information
commission or ombudsman are key in this regard.
The final section of the paper, chapter five, signposts additional
resources and further reading."
Global Partners & Associates
London
EC1V 2PY
United Kingdom (UK)
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