Networking the Commonwealth for Development: Right to Information and ICTs

“We are going through a historic transformation in the way we live, work, communicate and do business. We must do so not passively but as makers of our own destiny. Technology has produced the information age. Now it is up to all of us to build an Information Society.”

Building an Information Society: Information Communication Technologies (ICTs) A Key Tool

This November, Tunisia will host the second phase of the World Summit on Information Society (WSIS). At the first phase of WSIS in 2003, 175 countries adopted a Declaration of Principles and Plan of Action affirming their commitment to building “a people centred, inclusive and development – oriented Information Society, where everyone can create, access, utilize and share information and knowledge.”

Close on the heels of the second WSIS, Commonwealth Heads of Government will meet in Malta to discuss “Networking the Commonwealth for Development”. The Commonwealth Secretary-General, Donald McKinnon, has stated “The theme of ‘Networking the Commonwealth for Development’ will enable leaders not only to discuss the important issue of bridging the digital divide, but also to identify ways of enhancing cooperation for prosperity, development and democracy, using Commonwealth networks to achieve these goals.” The meeting will discuss tools such as ICTs that can be used to bridge the digital divide between individuals and communities, citizens and their governments.

WSIS 2005 and CHOGM 2005 are part of a growing global trend toward using information management systems and technology to improve society. ICTs - in particular, by facilitating e-governance - are increasingly being recognised as supporting participatory democracy and sustainable development. More specifically, some countries are using ICTs to enable more efficient access to government information by the public, in a simple and time bound manner. This allows individuals and communities to participate in the decisions and processes that affect their lives, promoting inclusiveness and participatory democracy.

Right to Information: Touchstone of Information Society

ICTs are the building blocks of an information society – and the Right to Information (RTI) is its foundation. The value of this right was recognised by the United Nations General Assembly in 1946, when it declared, “Freedom of Information is a fundamental human right and the touchstone for all freedoms to which the United Nations is consecrated”. Soon after, the Right to Information was enshrined in Article 19 of the International Covenant on Civil and Political Rights. Over time, RTI has been reflected in regional African, American and European human rights instruments, placing the right to access information firmly within the body of universal human rights law.

RTI is premised on the right of all citizens to access government held information. This right promotes good governance and participatory development by opening up channels of communication between governments and their citizens. RTI empowers citizens to scrutinise government decisions and processes, stem corruption by holding representatives accountable, participate in the political, social and developmental processes that affect their lives - above all, it fosters the development of an environment that is pro-transparency, pro-democracy and ultimately pro-people. In practice, the right to information entails a duty on the government to provide such information proactively and on request.

At CHOGM 2003, the Commonwealth Heads of Governments formally committed themselves to promoting RTI. To date, 12 countries (Canada, Australia, UK, South Africa, Jamaica, Belize, New Zealand, Pakistan, Trinidad and Tobago, India, Uganda, and Antigua and Barbuda) have enacted right to information laws.3 Countries in the process of drafting laws include Ghana, Nigeria, Fiji, Guyana and Kenya. This is positive but more Commonwealth countries need to initiate steps towards entrenching the right to information as a legal right for their citizens.

Right to Information: Law Making Principles

As a first step towards building an Information Society, governments must consider developing and implementing effective RTI laws. When lobbying for and/or developing legislation, governments and civil society must consider key minimum principles that all right to information laws should reflect: