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Report

International 'Right to Know' Day - September 28; can we observe it?


26 September 2005

The New Delhi office of Commonwealth Human Rights Initiative an international non-government organization mandated to ensure the practical realization of human rights in the countries of the commonwealth focusing on two broad areas like Access to justice and Access to Information. One of the issues we deal with is Freedom of Information where CHRI has been actively involved pan commonwealth - i.e. campaigning for access legislations in nations that does not have one and advocating with the policy makers for adoption of an access law, helping  the civil society  in  drafting  FOI legislations  as well as critiquing bills that are pending government approval.

Maldives does not have an access legislation.  Article 25 of the Constitution recognises the right to freedom of expression, conscience and thought, but there is no reference in the Constitution to the right to information. On 25 May 2004, the Attorney General, Dr. Hassan Saeed, in an interview with the Haveeru newspaper had stated that a draft bill for a Freedom of Information Act would be sent to parliament in 2005. The Attorney-General had said then that the bill was being drafted taking into account opinion and recommendations of editors in Maldives, but at the same time had stated that freedom of press in Maldives has been traditionally controlled, and that letting loose such controls suddenly may prove unhealthy in the context of the Maldives social environment. Since then, no progress has been reported on that front. In South Asia, India has recently passed a central right to information act that will come into force from October 12. Pakistan too has promulgated a Right to Information Ordinance in October 2002 and some form of access regime in place. Sri Lanka too drafted a Freedom of Information Bill but that which lapsed into oblivion after the new government came to power. Elsewhere in South Asia, although the Bangladesh has yet to draft a Right to Information bill, the Law Commission published a Working Paper on the proposed national Right to Information Act in 2002. Currently the Bangladesh Government is scrutinising the Law Commission review of the draft law. Bhutan and Nepal does not have an access regime in place.

The need for an access law cannot be undermined  in commonwealth and especially  South  Asia  which is a home  to largest number of people living in abject poverty. Like all nations in South Asia, Maldives is also striving to meet the Millennium Development Goals by 2015 as well as to tackle problems concerning endemic poverty, corruption and  development.  An access legislation helps in participatory development, economic progress as well as strengthening democracy and  thereby ushering in peace and security .

Transparency and Accountability are keys to good governance and one way to bring this about is by allowing people to access government held information as enshrined in Article 19 of the Universal Declaration of Human Rights that states that "Everyone has the right to freedom of opinion and expression' which included freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

September 28, is celebrated throughout the world as the International Right to Information Day. This day is celebrated by Right to Information activists in order to symbolize the global movement for promotion of the right to information. This day is marked by Civil Society groups to engage in national media campaigns to raise awareness of the right; publish reports about the current state of access to information in a country or region; advocate for adoption of an access to information law in countries which do not have one; help in dissemination of information about how to use access to information laws in countries where they exist; organize seminars for local civil society groups on how to access government held information (whether or not a law exists in a particular country) or  organize meetings or televised debates about open government and public participation.

CHRI therefore appeals to us to disseminate information about the importance of this day far and wide and requests us to carry stories/features on that day. Can we take the message forward by carrying news or features on the importance of Right to Information Day and of the law which has great bearing on both democracy and development.

We in the Maldives cannot hold a public debate to mark the day nor can we cannot publish in a local paper either because we will be charged with terrorism but we can publish in the dissident websites.

More information on www.humanrightsinitiative.org




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