The pace of passing access to information laws may be slowing, but not the number of bills under consideration, according to a FreedomInfo.org tally.
Is a slowdown under way in the blistering adoption rate seen in the past two decades?
Twelve laws been adopted already in the latest three-year (2010-2012) period (calendar years), but only was adopted in 2012 (Yemen) and only one so far in 2013 (Rwanda). There are now 95 nations with FOI regimes.
By contrast, there were 50 new laws adopted in the 2000-2009 decade and 18 in the 1990-1999 decade.
21 Laws Under Consideration
The number of countries considering the passage of access laws — 21 — is roughly the same as it has been in the three years of FreedomInfo.org tallies, all done around the time of Right to Know Day Sept. 28.
In 2012, FreedomInfo.org wrote about bills being considered in 19 countries (See previous Freedominfo.org report). In 2011, 18 countries were listed. (See previous Freedominfo.org report). The definition of consideration is liberal, including some counties where laws have been rejected or the efforts are newly stagnant. But some countries are no longer on list. (Links are to the most recent FreedomInfo.org reports.)
More Amendments Seen
An emerging trend appears to be an increase in the number of countries where amendments to older laws have been passed, or are being considered – some negative, some positive, some both.
Amendments have been proposed in about two dozen countries, based on FreedomInfo.org reporting. In the past year, amendments were passed Denmark and Hungary.
Possible Successes?
Peering through a rosy crystal ball, nine countries appear to be the ones closest to passing laws in the coming year: Bolivia, Cyprus, Ghana, Kenya, Morocco, Pakistan, Philippines, Spain and Vanuatu. But none are sure bets.
Some countries no longer are on the list, such as Cambodia, where a passage attempt failed in February. It’s to imagine that the signs in Egypt are still positive. Other places where official activity seems dormant include Argentina, Bhutan, Italy, Namibia, Somalia, South Sudan and Sri Lanka.
In many of these countries, however, determined advocacy efforts persist.
Many of the names on the “under consideration” list are familiar, possibly because passage of FOI laws can take many years. Success in Nigeria took 19 years. Some governments, such as Ghana and Sierra Leone, seem determined to emulate this pattern.
Whether FOI legislation is being considered could slightly affect the ability of a government to join the Open Government Partnership. The 16-point scale includes four point related to access to information, three of which can be achieved by having a constitutional provision on the right to access. This has benefitted Kenya and the Philippines, which have constitutional provisions, but not FOI laws. The fourth point can be earned “if a country has a draft access to information law under consideration.” The OGP has not recently reassessed potential members.
Under Consideration List
Afghanistan: A draft access to information law was prepared and comments received, but it remains unclear whether the government’s proposal will be adopted.
Barbados: The Attorney General in December of 2012 said FOI legislation will be delayed.
Bolivia: The government in August proposed a law that has generated criticism.
Botswana: Activists and opposition leaders continue to push for passage but the government has found reasons to delay for several years now.
Cyprus: Two parliamentarians from the ruling party in July introduced a consensus FOI bill. The current president has included transparency among his “binding” promises.
Egypt: After the military’s recent takeover of the government, it might be hard to imagine that a FOI law is a possibility, but the signs reportedly are still positive.
Ghana: Parliament’s foot-dragging has doomed legislation for years. This year the Cabinet approved a bill in June, but has yet to disclose it.
Kazakhstan: A long-awaited bill on access to information is now considered highly unlikely to pass in an environment of media repression.
Kenya: The Access to Information Bill 2012 has been published and is ready for presentation to the national assembly, but has not been. Further delay is expected.
Lebanon: Freedom of information legislation for Lebanon was approved in November by a drafting subcommittee.
Malawi: The government in February said it would not submit a FOI bill during the current session of parliament. Advocates are looking to the next sitting of parliament in November.
Maldives: The Speaker of the Parliament in the Maldives said in October that a right to information bill could pass out of a committee by the end of this year, but nothing happened.
Morocco: A proposed Moroccan access to information law has drawing criticisms during a comment period.
Pakistan: After years of no progress, it was a bit of a surprise when a Senate committee approved a bill in late August. The province of Khyber-Pakhtunkhwa in August promulgated an RTI ordinance and Punjab is actively considering a draft bill of lesser quality.
Philippines: A recent scandal may give a boost to FOI proponents, as well as a new committee chairman in the House, but the continuing lackluster support from the Aquino administration remains a dark cloud.
Sierra Leone: The Sierra Leone government is delaying action on FOI legislation, officially because of “poor records management.”
Spain: The Spanish Parliament’s Constitutional Commission on July 25 approved amendments to the transparency law, and on Sept. 12 the House of Deputies approved the legislation, which critics say is much flawed.
Tanzania: A top minister in February said the government will seek public input on the drafting of a law.
Tonga: The prime minister in April promised to hold public consultations in July and August on a FOI bill.
Vanuatu: Having approved an access policy in July, the government says it will pass a law, too.
Zambia: The government continues to postpone promised action. The planned unveiling of a draft on June 26, 2012, was cancelled.
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