Freedom of Information: The Key to Democratic Reform in the Maldives :: Maldives News :: Dhivehi Observer

In a recent statement to the media, Information Minister, Mohamed Nasheed, announced the Government's media reform package would be tabled in the People's Majlis by 1 March 2006. The package is aimed at bringing in sweeping changes to set the Maldives firmly on the path of democracy and participatory development. Significantly, a draft Freedom of Information (FOI) Bill is one of laws anticipated to be tabled in the Majlis as part of this reform agenda. The draft FOI Bill is a positive reflection of attempts by the Maldives Government to practically implement the commitment made by Commonwealth Heads of Government in 2003 to promote the right to information. If passed, a strong Maldives FOI law could be a concrete step towards ushering in a new era of democracy, transparency and accountability in the Maldives.

The value of the right to information cannot be underestimated. It is a fundamental tool that gives citizens the ability to engage more effectively with government officials on governance and development issues that affect their lives. In many countries, experience has shown that citizens' use of the right to information has had a significant impact in bringing Government closer to the people and making officials more responsible by supporting the principles of transparency, accountability and public participation.

A freedom of information law can also bolster the effectiveness of development and poverty alleviation strategies. In recent years, much of the failure of development strategies has been a result of governments and donors formulating and implementing policies without the active input of the very citizens targeted by such policies. With a right to information law in place however, governments have to share information on their poverty alleviation strategies with the public, who can then have a voice in determining how these policies can more effectively lift them out of poverty. The effective implementation of a freedom of information law can make it much more difficult for officials to cover up their corrupt practices, can help to expose poor policymaking and revive the political, economic and social development of the country.

An FOI law can also open up channels of communication between citizens and the state, which can be crucial to the national stability. Information sharing and openness help bolster public trust in the political system, by establishing a two-way dialogue between citizens and the state. Such a dialogue can combat feelings of exclusion, fear and victimization, and reduce the risk of marginalized sections of the public resorting to violence to promote their political ends. In this way, entrenching an effective freedom of information law can enable people to be part of decision-making processes thus reducing any public perception of exclusion of opportunity or unfair advantage of one group over another.

Today, the Maldives is one amongst a number of countries waking up to the fundamental importance and value of freedom of information as a tool to promote good governance and citizens' participation. Currently, around the world, over sixty countries have enacted FOI laws. Closer to home, India recently enacted a freedom of information law in 2005, even as civil society groups and the media in Pakistan, Bangladesh and Sri Lanka are strengthening their efforts to imbed the freedom of information firmly on the agendas of government and in the minds of the public.

Ideally, a freedom of information law should be drafted in consultation with a range of stakeholders including the Government, civil society and the media. This ensures that the process is not only participatory but also transparent and open to public scrutiny. It is unfortunate that the draft Maldives FOI Bill was not circulated for comment to a wider audience before going to the Majlis.

International best practice requires that any effective right to information law entrench the public's right to request information from the government – and even private bodies in some cases. A good law should also place a clear duty on the government to supply requested information unless legally defined exemptions apply to prevent disclosure, because it would cause harm to national interests. It should also impose a duty on the government to disclose proactively information that is of general public interest without the need for requests from its citizens.

It is hoped however that the draft Bill meets best practice standards. In keeping with principles recognised throughout the world, at a minimum, the draft Maldives FOI Bill should:

· Promote the principle of maximum disclosure of information, subject only to limited and very tightly drafted exemptions;

· Ensure that access procedures are user-friendly, cheap, quick and simple;

· Require decisions regarding disclosure to be reviewable by an independent, impartial body, such as an Information Commissioner or Ombudsman;

· Permit penalties to be imposed on officials for non-compliance with the law; and

· Impose ongoing monitoring, training and public education duties on the Government.

This March, the commitment of President Gayoom's Government to true constitutional reforms and democracy will be put to the test as the People's Majilis debates the draft Maldives Freedom of Information Bill. The legal entrenchment of the right to information in the Maldives WILL empower citizens to participate in the political, social and developmental processes that affect their lives. The Government needs to demonstrate its commitment to a people-centered democracy by passing a freedom of information law that is strong and effective.