Right to Know Day around the world - Open Society Justice Initiative

Organizer: Open Society Justice Initiative
Date: September 28, 2006
Event: Launch of Transparency and Silence, the report on the 2004 Monitoring Study

Press release: New study of access to information finds widespread
discrimination and inconsistency
Survey of 14 Countries Shows New Democracies Outperform Established Ones

Contact: Helen Darbishire + 34 667 685 319 (London)
Contact: David Berry + 1 212 548 0385 (New York)

London, 28 September, 2006 A comparative study of access to information in 14 countries finds that transitional democracies outperformed established ones in providing information about government activities. Bulgaria, Romania, Armenia, Mexico and Peru did better in answering citizens’ requests for information than France and Spain.

Transparency and Silence, published today by the Open Society Justice Initiative and available online at www.justiceinitiative.org, documents how various countries did—or did not—honor the right of access to information.

In analyzing over 1,900 requests for information filed in 14 countries, Transparency & Silence finds that countries with access to information laws performed better than those with no law or with administrative provisions instead of a law.

“Access to information laws have been key tools of democratic reform in Eastern Europe,” said James A. Goldston, executive director of the Open Society Justice Initiative. “This week’s official endorsement of EU membership for Bulgaria and Romania—two countries that performed well in our survey, despite being among the world’s most closed societies until 1989—underscores the importance of transparency in consolidating the rule of law.”

Silence, Inconsistency and Discrimination

Transparency & Silence finds that government failure to provide information is common: 47 percent of requests received no response, with South Africa, Chile and Ghana performing especially poorly.

Transparency and Silence also finds widespread inequality in the provision of information. The report documents significant discrimination against requestors from ethnic minorities and other marginalized groups, who consistently received less information than other requestors, even though their requests were identical. Roma requestors in Eastern Europe fared particularly badly: in Bulgaria for example, a Roma requestor received information in response to just 15 percent of requests, while a non-Roma journalist making the same requests received information 75 percent of the time. Similarly, in Romania, a Roma requestor received answers to 30 percent of requests, compared to a 70 percent response rate for a non-Roma member of the public.

The 190-page book finds that government responses to requests were highly inconsistent: overall, identical requests received different responses 57 percent of the time. This high level of inconsistency suggests the need for more training in and clearer procedures for handling requests.

“The ability of citizens to request and receive information on the workings of their government is one of the hallmarks of an open society,” stated Goldston.

The Good News

Not all of the study’s findings are negative. The book singles out 16 institutions as top performers in providing information, including Armenia’s Ministry of Finance, Ministry of Work and Social Issues, and Ministry of Environment; Romania’s Ministry of Justice, and Bucharest Tribunal; Bulgaria’s Supreme Court of Cassation, and Ministry of Environment and Water; and the municipalities of Miraflores and San Isidro, in Peru.

Transparency & Silence also reports that non-governmental groups play an important role in promoting access to information as a right: governments are most responsive where those groups are most active.

Lastly, the book documents the worldwide trend toward transparency, noting that today, the people of 65 countries have laws that provide mechanisms for them to request and obtain information from their governments.

Transparency & Silence is available online at www.justiceinitiative.org

The Open Society Justice Initiative, an operational program of the Open Society Institute (OSI), pursues law reform activities grounded in the protection of human rights, and contributes to the development of legal capacity for open societies worldwide. The Justice Initiative combines litigation, legal advocacy, technical assistance, and the dissemination of knowledge to secure advances in the following priority areas: national criminal justice, international justice, freedom of information and expression, and equality and citizenship. Its offices are in Abuja, Budapest, and New York.