Two countries passed freedom of information laws in the year since the last Right to Know Day – Brazil and Yemen.
This represents a lessened pace from the exceptionally high number of bills approved in previous years — in six countries and Jersey. (See previous FreedomInfo.org report.)
In about half a dozen countries, however, FOI legislation could emerge in the coming year.
“Prospects for the rest of 2012 and 2013 remain unclear, with a number of longer-standing campaigns – for example in Argentina, Ghana, the Philippines and Zambia – still not having borne the desired fruit,’ according to Toby Mendel, director of the Centre of Law and Democracy in Halifax, Canada. “Perhaps we will instead witness countries like Morocco and Bhutan, where the idea is relatively novel, becoming the new members of the RTI club.”
“Tantalizingly close” might best describe the situation in several places. A cynic might suspect government leaders of perpetuating a permanent teasing strategy in Ghana, the Philippines, and Sierra Leone. Bills there have hit legislative roadblocks despite having the green light from the presidents.
In other countries, FOI legislation optimistically could be classified as “under consideration,” but with an asterisk to signal the perpetual opposition from the ruling parties. During the past year, bills proposed by the opposition parties were defeated in Bhutan, Botswana and Sri Lanka.
On the brighter side, the prospect for action seems to be positive in some places. In both Kenya and Morocco, for example, new constitutions promised the right to information and laws are being drafted.
Legislation has been proposed recently by the Spanish government. Draft bills are in various stages of preparation in Egypt, Kazakhstan, Pakistan, South Sudan and Zambia.
A state of limbo seems to have engulfed efforts to pass new laws in some places where favorable signals were seen a year ago, such as in Argentina, Japan, Kazakhstan, Mozambique, Rwanda and Tanzania.
In Colombia, a major bill making some improvements to the FOI regime was passed in June but still requires approval by the constitutional court. (This tally does not cover countries where efforts to amend laws are under way, sometimes positively, but not always.)
Country by Country
Argentina: Efforts to replace an executive decree on access to information with the law have foundered in the House since Senate passage way back in October of 2010.
Bhutan: The Bhutan National Council rejected a proposal to take up a right to information bill as an “urgent bill.”
Bolivia: Operating under a 2002 regulation for access to public information, but with no national law, but work on a law appears to be stalled.
Botswana: A top minister in Botswana has pledged that the government will offer its own freedom of information bill next year after having killed FOI proposals again in mid-2012.
Cambodia: Activists have documented public interest in a law, but the likelihood of passage seems remote.
Colombia: A Law on Transparency and the Right to Access National Public Information was passed in June but still requires approval by the constitutional court.
Egypt: The Egyptian Telecommunications and Information Technology Ministry has developed a draft freedom of information bill.
Italy: Italian supporters celebrated Sept. 19 as Italy’s “Day of Transparency,” seeking to build support for national freedom of information legislation.
Kazakhstan: A working group I the lower chamber of parliament has prepared a draft
Kenya: Drafting a law to implement a provision in the constitution is taking much longer than expected.
Namibia: Namibian government officials are giving favorable signals about access to information legislation and civil society is organizing to push for it, according to August reports and information provided to FreedomInfo.org.
Pakistan: The Senate formed a committee to consider FOI legislation and in early September, t he Information Ministry said it would draft a bill in consultation with relevant stakeholders in three weeks.
Philippines: Key House leaders, especially Rep. Ben Evardone, have retarded action on a FOI bill notwithstanding Senate passage and support from the Aquino administration, but House approval is being promised in October.
Sierra Leone: A disappointing year for FOI advocates in Sierra Leone with promising signs in Parliament in early 2012 dissolving into inaction during the summer. In September, President Ernest Bai Koroma dissolved the House of Parliament without movement on the bill.
Somalia: The Somalian National Constituent Assembly in August approved a constitution that among other things guarantees access to information, but there’s still a long road ahead to implementing legislation.
South Sudan: A draft bill is currently under consideration by the Council of Ministers. The Association of Media Development in South Sudan in collaboration with Article 19-Eastern Africa held a two-day consultative meeting on freedom of expression draft laws in Juba Sept. 24-25.
Spain: The Spanish Cabinet in July approved an access bill that critics say falls well short of international standards.
Sri Lanka: After the ruling party blocked legislation in May, Sri Lanka’s Secretary to the Ministry of Media and Information Charitha Herath in July provoked FOI supporters when he said that concerns about national security will keep FOI legislation from coming before parliament any time soon.
Zambia: After postponing the unveiling of a bill in late June, the government still has not made any announcement.
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