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Unfortunately, though the Commonwealth has time and time again acknowledged therole of civil society, in many countries public involvement in policy development is stillnot valued. Advocates for the right to information should not need to battle for space.Rather, their presence should be welcomed by governments as an affirmation ofdemocracy. Involving people in the law-making process not only generates legislationand systems that are in tune with people’s needs, it also enhances the general level ofawareness among the citizenry and helps create an environment of openness whichgives real meaning to participatory democracy.Governments Have a Duty to Act Right Now!Four common problems impede development and democracy in the Commonwealth:inequality of power between government and citizen; the consequent lack ofaccountability and near impunity of politicians and officials; corruption; and exclusionof the public from participating in decisions that affect their lives. Open governanceand assured access to information offers the key to address these complex issues.In this interconnected, speeding information age, the combination of technology andeasy availability of know-how, coupled with guaranteed access to information, offersunprecedented opportunities for the radical overhaul of governance. Information mustbe harnessed to create short cuts to development and democracy. It must be sharedequitably and managed to the best advantage of all members of society. The meansare available, but sadly the will is often not. It is an indictment on the performance ofthe Commonwealth that so many member states continue to fail to live up to thedemocratic ideals that are reflected in the commitment to the right to information.This must change.Endnotes1Res. 59(1), 14 December 1946, UNGA, 65th Plenary Meeting.2(2000) “Who governs low income countries?: An interview with Charles Abugre on the Ghana Poverty Reduction Strategy Initiative”, IMF andWorld Bank News and Notices, Fall 2000, www.challenge globalization.org/html/news_notices/fall2000/fall2000-01.shtml.3Daruwala, M., Mohapatra, B., Nayak, V. (2003) The Right to Know: A Voter’s Guide, CHRI and VANI, New Delhi.4Transparency International (1998) “Press Release: Eight out of ten ‘clean’ countries have effective freedom of information”, http://www.transparency.org/pressreleases_archive/1998/1998.12.03.ford.html.5Communiqué issued by Commonwealth Law Ministers, Barbados 1980.6Meeting of Commonwealth Law Ministers, Port of Spain, Trinidad and Tobago, May 1999.7Annex 1, Communiqué issued by the Meeting of Commonwealth Law Ministers, Port of Spain, May 1999.8Freedom of Information Act [ ], Annex to Commonwealth Secretariat Document LMM(02)6, September 2002.9Ricketson, M. (2002) “Keeping the lid on information”, The Age, 28 November 2002.10Open Government: A review of the federal Freedom of Information Act 1982, (1995) ALRC 77, Report of the Australian Law Reform Commissionand Administrative Review Council, http://www.austlii.edu.au/au/other/alrc/publications/reports/77/ALRC77.html.11Reid, J. (2003) Annual Report: Information Commissioner 2002-2003, Ministry of Public Works & Government Services, Canada, p. 13.16CHRI EXECUTIVE SUMMARY 2003: LOOKING FOR THE RIGHT TO INFORMATION IN THE COMMONWEALTH
RecommendationsIn the new millennium, good governance and democracy are the cornerstones ofnational and international politics. Governments that operate like a closed shop willno longer remain unchallenged. Zimbabwe and Pakistan’s suspension are examples ofthe Commonwealth’s unwillingness to tolerate governments that are not open to theirpeople. Commitments to open government must be taken seriously by members of theCommonwealth if they want to be taken seriously themselves. Putting in place peoplefriendlyaccess regimes is a way of sending a strong message of commitment todemocracy and development to the global community. It is long overdue for allCommonwealth countries to dispense with secrecy and information-hoarding and reapthe benefits of openness. Doing so might dismay autocrats, but it will be welcomed bydemocrats committed to building a more dynamic and prosperous society.CHRI recommends that:The Commonwealth must:• Call on member countries to introduce liberal access to informationlegislation. CHOGM 2003 should declare that the right to access information iscentral to democracy and development and should obligate themselves to adoptinglaws that are in conformity with international best practice by the next CHOGM atthe latest.• Assist member countries to put in place effective access to informationregimes. Containing vibrant civil society organisations and some states withexemplary laws, the Commonwealth is well placed to assist members to designand implement effective regimes. For example, the Commonwealth Secretariatcan facilitate cooperation with other member states and provide financial andintellectual resources to support the development of access regimes; its HumanRights Unit can provide training to government officials; and the CommonwealthFoundation can encourage public participation in the law-making process andbuild civil society capacity.• Be a role model of open governance. Each of the agencies of the OfficialCommonwealth must put in place a clear policy on disclosure, have mechanismsthat facilitate openness and must proactively disseminate information about theirgovernance structure, norms and functioning. To implement previous commitmentsto partnerships between the official and unofficial Commonwealth, theCommonwealth must open up its ministerial meetings and CHOGMs, whichcurrently remain so stubbornly inaccessible.• Introduce a reporting mechanism to monitor Commonwealthcommitments. Declarations of support and intent are not enough and a clearprocedure for systematically monitoring the implementation of pledges is essentialfor accountability. The Commonwealth should require its member countries toreport to each CHOGM on their implementation of Commonwealth commitments,including those on access to information regimes.CHRI EXECUTIVE SUMMARY 2003: LOOKING FOR THE RIGHT TO INFORMATION IN THE COMMONWEALTH17
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