The Freedom of Information Advocates Network (FOIAnet) is an international information-sharing network of civil society organizations and individuals working to promote the right of access to information and activities that support the right to know. This organization had designated the 28th of September to be the day to highlight and bring international, official, and public attention to the “Right to Know and Access to Information”. This day was celebrated internationally for the very first time on the 28th of September, 2003, and since then, organizations and individuals around the world have participated in the celebration with activities that promote these right
The purpose of this particular celebration is to raise awareness among individuals as to their right to obtain information controlled by public institutions as well as their right to know how elected officials exercise their power and how tax-payers’ money is being spent. In addition, the day is employed to urge governments to commit to the promoting transparency and dissemination of information proactively, thus providing knowledge of what public authorities are doing without the need to submit requests for such information.
International legislation concurs and affirms that the right of access to information lies in the ability of individuals to access information which relates to public affairs entrusted by the state. When practicing this Right, the citizen compels him/ her to act towards protecting all rights (including the freedom of expression). Accesses to information laws also reinforce a culture of transparency and accountability in the management of public affairs, which are the main components within the framework of the efforts being made to battle corruption. In addition, the legislations endorse the participation of citizens in public life, and contribute to the effective engagement of civil society in protecting and defending civil rights and freedoms. Furthermore, it encourages market efficiency, investments, and fair competition for government tenders. Finally, it also leads to the development of a more professional media, especially investigative media which relies on accurate information.
Several countries have affirmed the importance of freedom of access to information and adopted laws bolstering the mechanisms that allow the public to request and access information that relates to public affairs possessed by the state. In fact, 90 countries adopted such laws for that purpose, many of them within the last decade. This new direction is the result of group initiatives taken by civil society, the media, and international governmental and non-governmental organizations, in order to attain good governance.
In this era, the information revolution and the resulting deluge of facts and data made it possible for citizens to obtain information at the blink of an eye. For instance, a citizen of Palestine in Shati’ Camp in Gaza can easily read articles in the New York Times, or follow in Arabic what is said by a Chinese or Turkish official using electronic simultaneous translation applications.
One notable site whose flood of information demolished the fortifications of diplomatic secrecy is “Wikileaks”, which revealed information of clandestine meetings that where supposed to remain undisclosed for at least a decade.
On the Palestinian Front
The Palestinian National Authority (PNA) has taken positive steps toward openness and facilitation of access to information to the public. However, these steps were not sufficient, and have not been updated or developed. On the other hand, the PNA was in the lead, along with other countries such as Yemen, Bahrain, Iraq and Jordan, in drafting a law dealing with the right to access to information. However, all these countries, except Jordan, Palestine did not pass the law. Hence, citizens, researchers, experts and the media in the Palestinian Territories often have great difficulty obtaining information due to the absence of this law. The absence of the law also places obstacles in the face of citizens including civil society organizations from monitoring the management of public funds or holding decision-makers accountable for their actions.
Some studies in Palestine have revealed that legal and practical obstructions stand in the way of the right of access to information. Besides the fact that the law has not yet been ratified, even though it was submitted to the Legislative Council back in 2005, other legislations are not consistent with the basic principles of the right to access to information such as the obligation to disseminate and hold open public meetings. Other obstacles include procedures and policies that hinder the proper practice of the right to information, particularly with regard to withholding information for security claims along with the absence of the open door policy. Often this right is subject to the will of officials, wherein they decide the nature and volume of information to be published or disseminated to the public, the media, and various interested parties.
Recommendations
In spite of some progress in terms of transparency in the Palestinian government, AMAN aspires for investing greater efforts in various areas, one of which is the enactment of the right to access to information law. Also It also calls for the annulment of the various laws that deny the public and the media, in one form or another, access to information and public records.
It is crucial to realize that combating corruption is not limited to passing or amending laws, but rather, it depends on many factors such as the joint effort of civil society organizations, political factions, advocates of freedom of opinion and expression, as well as the media, in order raise public awareness on these issues, and to give this civil movement the momentum and power it needs to formulate a Palestinian public opinion. Public awareness is a key factor in guiding people into the process of passing and amending laws in a way that would guarantee the participation of citizens in the daily events of their community – without the need for a local “Wikileaks” project of any kind.
Henceforth we at AMAN recommend the ratification of the law for the right of access to information be expedited, which should contain clauses that would limit the parameters of exceptions, making the publishing and disclosure of information the norm, and not the exception.
In addition, the law should facilitate the dissemination of information by charging a specific party with the responsibility of publishing and providing information, and affording it the needed staff in public bodies and institutions for that purpose. Finally, it is important to guarantee protection to “Whistle Blowers” (i.e., those who report administrative or financial abuses), by giving them immunity against any punitive measures or threats to their lives and or well-being that may come in response to their action.
Finally, we call upon the PNA to embrace the motto, “you have the right to know and we have the obligation to inform”.
