Some Asian countries are world leaders in providing access to information, but many others are backsliding or resisting transparency, according to comprehensive new report by Article 19, the London-based free expression organization.
Looking in depth at 11 countries, Article 19 generalizes:
Right to information legislation in Asia includes a huge cross sample in regards to quality, from the best in the world to the worst. Implementation and demand also vary dramatically from country to country.
The report says India and Indonesia “lead the world in right to information legislation,” although it also delves into weaknesses in both countries’ regimes.
Japan and Thailand, however, although early adopters “have now got significantly outdated legislation that desperately need updating.”
Some “positive trends” are seen in China despite “practical obstacles” for requesters.
Yet unsuccessful efforts to pass laws have been under way in the Philippines and Sri Lanka, the report notes. Governments in Lao, Malaysia, Myanmar and Vietnam resist access legislation, it says.
The report covers Bangladesh, China, India, Indonesia, Japan, Mongolia, Nepal, Pakistan, South Korea, Taiwan, and Thailand.
Implementation Problematic
The report also looks at the implementation of laws, finding that in many countries implementation “remains problematic.” It says that transparency during disasters “has been particularly poor” in Japan and Nepal.
“Across South and Southeast Asia, information on development issues and the aid being allocated to solve them has also been generally lacking too,” according to the report.
“Secrecy in the name of national security has also proven a barrier to the free flow of information across Asia” it also documents. “Archaic colonial as well as more modern laws exist region-wide, such as on sedition in Malaysia or Official Secrets in India, or “state security” as in China and Japan.”
In some countries, public awareness of access laws is low and governments do little to publicize the right to information. “Officials often resist all attempts to share information,” the report says.
“Violence towards those who request information has increased significantly,” the report states.
Article 19 found that “demand for information has increased more generally, spurred on by civil society’s use of digital technologies.” This has spurred efforts to provide more information, sometimes with the aid of technology, according to the report.
“Asian countries are at a critical point in time,” the report concludes, continuing:
“The pressure by Asian governments to increase national security, prevent terrorism and hide corruption has never been higher. However, civil society demands for more and deeper participation in their government and in governance has increased in parallel to the government crackdown, encouraged by the new opportunities available to talk, share and campaign online.
The report contains considerable background information on RTI laws and addresses best practices.
For example:
Many laws in the region still demand that requesters specify a “legitimate” purpose for obtaining information held by the authorities. Such a requirement is at odds with international standards.
Updated Principles.
Article 19 has updated its Right to Information Principles and made them available in English, Burmese, Chinese, Khmer, Malaysia Bahasa, Sinhala and Vietnamese.
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