FOI - one element of a supporting network of laws, institutions and practices

1. FOI - one element of a supporting network of laws, institutions and practices Presented by Rick Snell February 2010 University of Tasmania Australia r.snell@utas.edu.au

2. FOI is not a mechanism that can operate in all conditions or environments as a stand alone measure. • Changes in the surrounding information environment often provide the foundation, or supports, for more effective FOI. • FOI is the most fiercely contested of an array of transparency and accountability measures. • Capacity is a critical factor.

3. A difficult path • Of the 70+ countries that have introduced FOI few have been overnight events or without considerable struggle and/or resistance. • USA late 1940s to mid 1960s (with a series of upgrades since) • Australia late 1960s to 1980s (major upgrade occurring now) • United Kingdom 1960s to 2005 • Indonesia late 1990s to 2009

4. Political will: a critical but uncertain component • The political will required for FOI is significant and often has had to be enhanced or motivated by regime change, a significant crisis (corruption scandal) or long standing issue where access to information was a critical element. • Other transparency measures seem less dependent on such high levels of political will • Access to sectoral information (health, environment, local government) • Reasons for decisions

5. What is the objective? • A FOI law? • A changed and improved information environment?

6. One approach - setting higher benchmarks of transparency • Precursors • Australia • Reasons for decisions, ombudsman • Review of government decisions, annual reporting • Intermediate steps • UK • Environmental, health, individual agency policies • Followed by a general code of access • Indonesia • Environmental, provincial • Japan • Prefectures, local government • China • 3 decades of progressive administrative law reforms

7. The Problem of Harsh Environments • Conflict or post conflict states • High levels of corruption • One party or one party dominant states • Slow economic development • Low literacy rates • High levels of government paternalism • Poorly functioning public service • Low records management capacity • Low levels of press freedom and/or high levels of journalistic risk

8. The Problem of Supply and Demand • Supply • Government information poor, scattered, limited • Fragile or non-existent information networks • Information flow irregular and inconsistent • State needs to build a capacity for open public administration – Yet access laws at the high sophistication and capability end of spectrum • Demand • Limited - NGOS, Elites, media • Distribution weak (very little empirical study) • Problematic threats to users or perception of threats - • Previous history diminishes expectations • Limited capacity to deal with non-compliance

9. Should we wait for FOI? • FOI can come before other reforms and changes • Demand and supply challenges are only hurdles • Need to adjust expectations • Address implementation • FOI regimes and information environments evolve