The use of freedom of information acts

The right of access to information held by public bodies is a fundamental democratic right that is now enshrined in the constitutions or legislation of most countries. The public can use freedom of information laws to guard against abuses, mismanagement and corruption and for informed participation in decision making. Governments have the responsibility of supporting the public interest by making it easy to access that information. This can also help governments: more openness and transparency in the decision-making process can improve the trust of citizens.

Users have a fundamental right to information on the safety of the water supplied to them for domestic and other purposes, and to information on environmental health. The World Health Organization’s Guidelines on Drinking Water Quality recommends “the publication of information on public health aspects of drinking-water supplies, water quality and performance of service providers. Publication of such information can encourage service providers to follow good practices, mobilize public opinion and response, and reduce the need for regulatory enforcement, which should be an option of last resort”. The WHO Guidelines recognise, however, that “in many communities, the simple right of access to information will not ensure that individuals are aware of the quality or safety of the water supplied to them. The agencies responsible for surveillance should develop strategies for disseminating and explaining the significance of results obtained”.

For access to information and public participation in decision-making to be effective, the public must also have access to justice. They must be able to appeal breaches of the rights to information and to public participation to a court of law or another independent and impartial body, such as an ombudsman. The right to know, the right to participate and the right of access to justice are the three pillars of Arhus Convention which proponents claim to be the world’s foremost international instrument promoting environmental rights. In this session we would like to introduce a fourth pillar: the right of access to independent expertise to support the public when dealing with complex financial, legal or technical issues.

Suggested links for further reading:

A Model Freedom of Information Law,
www.article19.org/pdfs/standards/modelfoilaw.pdf

Your right to a healthy environment (Aarhus convention),
www.unece.org/env/documents/2006/pp/ece%20mp%20pp%205_E.pdf

Right to information links:

RTI India - Right to Information Community Portal of India

Our Rights Our Information : Empowering people to demand rights through knowledge. CHRI, 2008
Collects 15 case studies from across the globe that “testify to the power of right to information laws in bringing about the practical realisation of human rights for everyday people

Aarhus Convention - UNECE - United Nations Economic Commission for Europe
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters

Promotion of Access to Information Act 2 of 2000South Africa: Department of Water Affairs & Forestry

Accountability is one of the themes to be discussed during the IRC symposium Pumps, Pipes and Promises.