Document Text Contents
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CHAPTER –VICHAPTER –VI
INTERNATIONAL PERSPECTIVE OFINTERNATIONAL PERSPECTIVE OF
EMERGENCE AND ADOPTION OF RIGHT TOEMERGENCE AND ADOPTION OF RIGHT TO
INFORMATION ACTINFORMATION ACT
I – IntroductionI – Introduction
A new era of government transparency has arrived. Laws opening governmentA new era of government transparency has arrived. Laws opening government
records and processes are now commonplace among democratic countries. It isrecords and processes are now commonplace among democratic countries. It is
now widely recognized that the culture of secrecy that has been the modusnow widely recognized that the culture of secrecy that has been the modus
operandi of many governments for centuries is no longer feasible in a global ageoperandi of many governments for centuries is no longer feasible in a global age
of information and not compatible with modern government.of information and not compatible with modern government.
This chapter is an attempt to review the legislation of Right to Information ActThis chapter is an attempt to review the legislation of Right to Information Act
from a global perspective. Attempt has been made to highlight the contributingfrom a global perspective. Attempt has been made to highlight the contributing
factors for the adoption of this act in various countries. Then there is a brieffactors for the adoption of this act in various countries. Then there is a brief
description of the form and features of this ac in various countries have beendescription of the form and features of this ac in various countries have been
analyzed. It has been also attempted to compare the legislative provisionsanalyzed. It has been also attempted to compare the legislative provisions
among countries and bring out the common issues.among countries and bring out the common issues.
II – Right to Information around the World:II – Right to Information around the World:
OverviewOverview
Access to government records and information is an essential requirement forAccess to government records and information is an essential requirement for
modern government and developing and maintaining a civil and democraticmodern government and developing and maintaining a civil and democratic
society, Access facilities public knowledge and discussion. It provides ansociety, Access facilities public knowledge and discussion. It provides an
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Implementation of the Act has been slow. The government announced in
November 2001 that the provisions of the Act that allow citizens to demand
information will not go into force until 2005. All national and local departments will
simultaneously provide access .in a "big bang," father than in phases. The
provisions on publication schemes for .central and local government bodies nave
gone into force and are being phased in for other bodies over the next year.
Most organizations will adopt model schemes developed with the approval of' the
Commissioner. The Commissioner admitted in his 2002-03 annual report that
standards for the initial schemes were set low but will be raised when the
schemes are renewed.
The Hutton inquiry into the death of a government scientist following controversy
over charges that the government had mislead the public regarding Iraq has
provided nearly all documents on its web site. The documents have generated
considerable interest in FOI as they reveal the inner working of the government
and would not likely have been released otherwise.
Until the FOIA goes into effect, a non statutory "Code of Practice on Access to
Government Information" provides some access to government records but has
15 broad exemptions. Dissatisfied applicants can complain, via a Member of
Parliament to the Parliamentary Ombudsman if their request is denied.
In 2003, the Parliamentary Ombudsman threatened to stop all investigations into
the code after the government refused to cooperate in one case and in two other
cases, including a question on conflicts of interest by ministers, issued a
certificate preventing the Ombudsman from investigating on the grounds that
releasing information "would be prejudicial to the safety of the State or otherwise
contrary to the public interest."
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VII – RTI and Different International
Organizations
UNDP:
The UNDP adopted its Public Information Disclosure Policy in 1997, stating as its
rationale for doing so that: The importance of information disclosure to the public
as a prerequisite for sustainable human development (SHD) has been
recognized in major United Nations intergovernmental statements, including the
Rio Declaration on Environment and Development. … As a custodian of public
funds, UNDP is directly accountable to its member Governments and indirectly
accountable to their parliaments, their taxpayers, and the public in donor and
programme countries.
WORLD BANK:
The World Bank first began issuing instructions on disclosure to its staff in 1985
and, in the aftermath of the 1992 Rio Declaration on Environment and
Development, adopted a formal, detailed Policy on the Disclosure of Information
in 1993. The Bank took concrete steps to review its policy - in 1995, 1997, 1998
and 1999 - resulting in progressively more openness and an increase in the
number of documents subject to disclosure. A new World Bank Policy on
Disclosure of Information was adopted in 2001, which came into force in January
2002.
The global overview brings out the fact that the culture of transparency and
accountability is getting popular not only in principle but in real since the
enactment of law especially meant for that is being enacted. The right to
information has proved itself as one of the successful legislation in the area of
reducing corruption, increasing transparency and accountability in the
governance system in all over the globe.
������
CHAPTER –VICHAPTER –VI
INTERNATIONAL PERSPECTIVE OFINTERNATIONAL PERSPECTIVE OF
EMERGENCE AND ADOPTION OF RIGHT TOEMERGENCE AND ADOPTION OF RIGHT TO
INFORMATION ACTINFORMATION ACT
I – IntroductionI – Introduction
A new era of government transparency has arrived. Laws opening governmentA new era of government transparency has arrived. Laws opening government
records and processes are now commonplace among democratic countries. It isrecords and processes are now commonplace among democratic countries. It is
now widely recognized that the culture of secrecy that has been the modusnow widely recognized that the culture of secrecy that has been the modus
operandi of many governments for centuries is no longer feasible in a global ageoperandi of many governments for centuries is no longer feasible in a global age
of information and not compatible with modern government.of information and not compatible with modern government.
This chapter is an attempt to review the legislation of Right to Information ActThis chapter is an attempt to review the legislation of Right to Information Act
from a global perspective. Attempt has been made to highlight the contributingfrom a global perspective. Attempt has been made to highlight the contributing
factors for the adoption of this act in various countries. Then there is a brieffactors for the adoption of this act in various countries. Then there is a brief
description of the form and features of this ac in various countries have beendescription of the form and features of this ac in various countries have been
analyzed. It has been also attempted to compare the legislative provisionsanalyzed. It has been also attempted to compare the legislative provisions
among countries and bring out the common issues.among countries and bring out the common issues.
II – Right to Information around the World:II – Right to Information around the World:
OverviewOverview
Access to government records and information is an essential requirement forAccess to government records and information is an essential requirement for
modern government and developing and maintaining a civil and democraticmodern government and developing and maintaining a civil and democratic
society, Access facilities public knowledge and discussion. It provides ansociety, Access facilities public knowledge and discussion. It provides an
Page 22
���
Implementation of the Act has been slow. The government announced in
November 2001 that the provisions of the Act that allow citizens to demand
information will not go into force until 2005. All national and local departments will
simultaneously provide access .in a "big bang," father than in phases. The
provisions on publication schemes for .central and local government bodies nave
gone into force and are being phased in for other bodies over the next year.
Most organizations will adopt model schemes developed with the approval of' the
Commissioner. The Commissioner admitted in his 2002-03 annual report that
standards for the initial schemes were set low but will be raised when the
schemes are renewed.
The Hutton inquiry into the death of a government scientist following controversy
over charges that the government had mislead the public regarding Iraq has
provided nearly all documents on its web site. The documents have generated
considerable interest in FOI as they reveal the inner working of the government
and would not likely have been released otherwise.
Until the FOIA goes into effect, a non statutory "Code of Practice on Access to
Government Information" provides some access to government records but has
15 broad exemptions. Dissatisfied applicants can complain, via a Member of
Parliament to the Parliamentary Ombudsman if their request is denied.
In 2003, the Parliamentary Ombudsman threatened to stop all investigations into
the code after the government refused to cooperate in one case and in two other
cases, including a question on conflicts of interest by ministers, issued a
certificate preventing the Ombudsman from investigating on the grounds that
releasing information "would be prejudicial to the safety of the State or otherwise
contrary to the public interest."
Page 42
���
VII – RTI and Different International
Organizations
UNDP:
The UNDP adopted its Public Information Disclosure Policy in 1997, stating as its
rationale for doing so that: The importance of information disclosure to the public
as a prerequisite for sustainable human development (SHD) has been
recognized in major United Nations intergovernmental statements, including the
Rio Declaration on Environment and Development. … As a custodian of public
funds, UNDP is directly accountable to its member Governments and indirectly
accountable to their parliaments, their taxpayers, and the public in donor and
programme countries.
WORLD BANK:
The World Bank first began issuing instructions on disclosure to its staff in 1985
and, in the aftermath of the 1992 Rio Declaration on Environment and
Development, adopted a formal, detailed Policy on the Disclosure of Information
in 1993. The Bank took concrete steps to review its policy - in 1995, 1997, 1998
and 1999 - resulting in progressively more openness and an increase in the
number of documents subject to disclosure. A new World Bank Policy on
Disclosure of Information was adopted in 2001, which came into force in January
2002.
The global overview brings out the fact that the culture of transparency and
accountability is getting popular not only in principle but in real since the
enactment of law especially meant for that is being enacted. The right to
information has proved itself as one of the successful legislation in the area of
reducing corruption, increasing transparency and accountability in the
governance system in all over the globe.
