Nepal Monitor: The National Online Journal

What are the trends on the Right to Information in India, Pakistan and Sri Lanka? Global Trends on the Right to Information: A Survey of South Asia surveys the trends, but despite it title, excludes other countries in the region-- Nepal, Bangladesh, Afghanistan, the Maldives and Bhutan. The following is the introdduction to the 157-page document.

In both Nepal and Sri Lanka, there has been some official acceptance of the need for legislation and it is hoped that developments currently underway will lead to the adoption of freedom of information laws.

There is an exciting global trend towards recognition of the right to information by States, intergovernmental organisations, 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 Organisation 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 organisations now have in place information disclosure systems which are reviewed and updated on a regular basis.

The right to information has been recognised as a fundamental human right, intimately linked to respect for the inherent dignity of all human beings. The right to information is also a crucial underpinning of participatory democracy –ARTICLE 19 has described information as "the oxygen of democracy" (See note i) – for without information citizens cannot possibly make informed electoral choices or participate in decision-making processes. The right to information is also essential to accountability and good governance; secrecy is a breeding ground for corruption, abuse of power and mismanagement. No government can now seriously deny that the public has a right to information or that fundamental principles of democracy and accountability demand that public bodies operate in a transparent fashion.

Despite this global recognition of the fundamental right to information, to date no State in South Asia has a national freedom of information law giving practical effect to this right. Instead, most countries in the region maintain colonial era Official Secrets Acts, as well as other secrecy legislation; laws which actively undermine information disclosure. The impact of these repressive laws is exacerbated by a pervasive culture of secrecy, and even arrogance, in the public sector. As this survey shows, many public officials in South Asia rely on and perpetuate this culture in order to engage in personal enrichment; a right to information guaranteed in law is therefore essential to bring about change so they act, instead, to serve the public good.

The media’s role in society includes acting as a watchdog of government, and enhancing the free flow of information to the public. In South Asia, their ability to undertake this key function is undermined not only by government secrecy, which denies the media access to information on matters of public interest, but also by laws which unduly restrict freedom of expression. The legal framework differs from country to country but examples of repressive laws and practices include licensing of the print media, criminal defamation laws used to silence critical voices, and even prior censorship regimes. Furthermore, government control over the publicly funded media, particularly national broadcasters, often prevents these media from serving the public interest and reporting in a fair and balanced manner.

However, change is now very much on the agenda. Superior courts in some countries in South Asia have recognised the right to information as part of the constitutional guarantee of freedom of expression or thought. Civil society groups in all countries in the region are demanding that governments respect the right to information, and pass legislation giving effect to it. These groups have the support of global civil society, as well as of many intergovernmental organisations and the international community generally. They are also deriving increasing support from the people, who are no longer prepared to tolerate corrupt, undemocratic, secretive government.

This survey is part of the work being done by civil society to promote the right to information. Specifically, it is part of a regional project, Promoting a Right to Freedom of Information in South Asia, which is being undertaken jointly by four organisations, ARTICLE 19, Global Campaign for Free Expression, based in London, the Centre for Policy Alternatives (CPA), based in Colombo, the Commonwealth Human Rights Initiative (CHRI), based in New Delhi, and the Human Rights Commission of Pakistan (HRCP), based in Lahore. This project is, in turn, part of a global movement in support of the right to
information, bringing together civil society, individual activists, the private sector, intergovernmental organisations and a number of progressive governments.

Governments in South Asia have started to respond to these pressures, and take on board the global recognition of the right to information. The Freedom of Information Act, 2000 is now before the Indian Parliament and several Indian States have already adopted freedom of information laws or orders. In Pakistan, a Freedom of Information Ordinance was introduced in 1997, but allowed to lapse shortly thereafter. A similar Ordinance was circulated in 2000, but failed to become law. In both Nepal and Sri Lanka, there has been some official acceptance of the need for legislation and it is hoped that developments currently underway will lead to the adoption of freedom of information laws.

This survey looks at significant developments at the international level recognising the right to information, as well as the standard-setting work which has helped to elaborate the precise content of that right. The international section is followed by chapters on India, Pakistan and Sri Lanka. These surveys provide an in-depth analysis of the need for information from the perspective of the relevant country, setting out the existing information regime – including constitutional jurisprudence and positive measures, as well as restrictive laws and practices – advocacy initiatives and any official moves to adopt freedom of information legislation. The survey concludes with a set of recommendations – to governments, civil society, the business community and the international community – which, if followed, would guarantee in law and ensure respect in practice for the right to information and would promote the free flow of information to the public.

ENDNOTE

i. The Public’s Right to Know: Principles on Freedom of Information Legislation (London: ARTICLE 19, 1999), preface. Online at www.article19.org/docimages/512.htm

See the entire document (in PDF) GLOBAL TRENDS ON THE RIGHT TO INFORMATION: A SURVEY OF SOUTH ASIA (July 2010), published by Article 19, in collaboration with Centre For Policy Alternatives,Commonwealth Human Rights Initiative, and Human Rights Commission Of Pakistan.

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