The text below is the concluding chapter is a report, “Public Access to Information for Development — A Guide to the Effective Implementation of Right to Information Laws.” Published by the World Bank, the report was written by Victoria L. Lemieux and Stephanie E. Trapnell. Lemieux until recently was a senior public sector specialist at the World Bank, but was one of a trio of experts on freedom of information whose positions were eliminated. (See FreedomInfo.org report, and article on NGO protest letter, article on World Bank response.) Lemieux is now Associate Professor, Archival Science in the iSchool at the University of British Columbia. Trapnell is a PhD candidate in sociology at George Mason University.
A description of the project:
The book, which is based two years of research studying how RTI has been implemented in countries in different regions and with varying income levels, sets out a theoretical framework by which to identify the drivers of effective implementation of RTI laws. The volume covers the history and development of RTI laws, broad processes of RTI implementation, operational guidance on institutionalization of RTI processes, as well as discussion of broad themes such as privacy, sequencing and measurement of impact.
A summary: “RTI Indicators on the Drivers of Effectiveness,” is Appendix B.
Conclusion
Passage of a right to information (RTI) law is a major achievement, and one now accomplished in more than 100 countries worldwide. Yet simply passing RTI laws is not enough to achieve more transparent, accountable, and inclusive governance and long-term development outcomes. With passage of an RTI law comes the most difficult part of realizing these outcomes: implementation. All countries face implementation challenges. Indeed, implementation is not a one-stop destination, but an ongoing process with many destinations along the way. This underscores the importance of gaining a clear picture of what drives effective implementation and how it can be achieved.
As discussed in this guide, the nature of the drivers of effectiveness and challenges to effective implementation varies by country, but, in general, a strong legal framework is a good starting point. Beyond that, enabling conditions within a country, strong demand for access to information, institutional capacity for implementation of RTI, and strong monitoring and independent oversight are all important drivers of effective implementation of RTI laws. In addition, state-society collaboration, technology, and intragovernmental collaboration may serve as amplifiers or accelerators of RTI implementation.
Of all the domains of RTI implementation, institutional capacity is possibly the most important, though good empirical evidence to make a strong assertion about this is still lacking. Without the mechanisms for disclosure, information will not be released effectively. Without functioning operations, demand falls, and there is little need for oversight. That being said, institutional capacity will not function effectively or sustainably without enabling conditions, demand for information, and oversight. All these components function together as a system for disclosure of information. The best approach is thus to institutionalize RTI within the public sector as a set of mutually reinforcing components of a system. Once institutionalized in this way, when political support wanes or oversight capacity deteriorates, the impetus to continue disclosing information will remain, even if weakened, because demand for access to information serves as a driving force to ensure sustainability and collaboration. Each component works with and reinforces the others.
How can countries advance toward more effective implementation of RTI laws? International pressure for more effective RTI implementation goes only so far. Although development of RTI laws has come about with the encouragement, assistance, or even sometimes the insistence of the international community, implementation is a less straightforward task, with many interlocking parts, and a need for sustained commitment that can be misaligned with ad hoc international support. As a result, the drive for effective implementation must come from within countries. A national coordinating strategy may therefore be a valuable tool to aid implementation, because it can serve as a guiding document when deciding on national and foreign funding priorities.
Even though the major impetus for effective implementation of RTI laws must come from within countries themselves, they need not face the challenge alone. There are, for example, international platforms that can support them in their efforts to implement RTI laws. The Open Government Partnership (OGP) is a multilateral initiative that aims to secure concrete commitments from governments to promote transparency, empower citizens, fight corruption, and harness new technologies to strengthen governance. It offers an excellent opportunity for governments that qualify for membership to identify important RTI and transparency gaps and transform commitments into national action. The Global Partnership for Social Accountability (GPSA) supports civil society and governments to work together to solve critical governance challenges in developing countries. The aim is to create an enabling environment in which citizen feedback is used to solve fundamental problems in service delivery and to strengthen the performance of public institutions. Once national coordinating strategies for RTI and transparency have been devised, GPSA provides opportunities for targeted support of social accountability initiatives.
An important point to remember, and a fitting point to end on, is that even when implementation is not ideal, positive impact can still be achieved. Effective implementation is, therefore, as much a journey as a destination, and one requiring sustained effort and commitment by governments, civil society, and the international community working in collaboration over the long term.
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