Dear Editor, On 28 September 2008 the international community dedicated to transparency and openness in government celebrated the “International Right-to-Know Day”, a day now celebrated annually in over 60 countries, by promoting public access to information (PATI) legislation for unencumbered public access to government-held information. Everyone has reason to celebrate International Right-to-Know Day. Active participants since International Right-to-Know Day was founded in 2002 include civil society groups dedicated to democratic principles, students, media, academics, policy makers and governments. The purpose of Right-to-Know Day is to raise public awareness of every individual’s right of access to information under the control of government institutions: a right of access to information on how public money is being spent and how elected officials exercise their power. Freedom of information advocates have used the day to share ideas, strategies and success stories about the development of freedom of information laws and the goals of open government, and also to press local governments to recognize and embrace the ideals of openness and transparency as very basic tenants of democracy. Transparency and accountability, as tenants of democracy, are closely intertwined with the right to information. Arguably, democracy cannot truly exist without respecting the right to information, as the underlying foundation of the democratic tradition rests on the premise of an informed electorate that is able to hold its government accountable for the policies and decisions it makes. Incidentally, this year marks the 60th anniversary of the passage of the Universal Declaration of Human Rights (UDHR), an international statement affirming the worth, dignity and equality of every human person, and which specifically recognizes under Article 19 the right to information. Unfortunately, Saint Kitts and Nevis lags behind many Commonwealth Member States, such as Jamaica, Trinidad and Tobago, and most recently The Cayman Islands (which is in the process of implementation), which have already enacted effective legislation to provide a legal framework for the realisation of this fundamental right. This lack of a functioning PATI regime is not an uncommon problem for other similarly-sized Caribbean nations. Where traditional large-state PATI approaches may not fit, by adopting a functioning PATI regime uniquely tailored to meet the needs of its people Saint Kitts and Nevis may lead by example and encourage other smaller Commonwealth countries and overseas territories to develop their own information laws. It is in this vein that Saint Kitts and Nevis stands to be among the leading examples for smaller states in recognising how the right to information plays a crucial role in ensuring that citizens are better informed about both the people they are electing and the activities undertaken by them while in government. An immediate benefit of the passage of the Act will be increased public participation in government development strategies. Much of the failure of development strategies is attributable to their design and implementation being in a closed environment: one that is absent participation by the governed. If governments are obligated to provide information, the governed will be empowered to more holistically determine their own development by assessing for themselves the merits of competing development strategies. Without an effective access regime, it is easy to see how difficult it is to track the progress of government development projects ” even by the very people who are supposed to directly benefit from them ” when the relevant documents are withheld from public scrutiny. How can taxpayers be assured that public funds are spent on the very projects the government purports to spend them on? The public is left wondering whether hospitals are being properly built and maintained, whether sufficient money is being allocated to education and infrastructure, and whether government grants are being awarded in an unbiased manner. It is easier to achieve sustainability on such issues in countries that are democratic and respect the rule of law. Tourism, offshore finance and service industries are important sources of income to Saint Kitts and Nevis, but as long as the country’s economy operates without the benefit of an effective, overarching PATI regime, and with the associated benefit of public scrutiny, the islands will remain a target for drugs traffickers and money launderers. While there may be short-term challenges to reconcile, the long-term benefits in promoting human rights, democracy and good governance are clear. An effective PATI regime will provide individuals with knowledge to address public issues, scrutinize government, and become active participants in the democratic process. Effective access regimes in other countries have successfully revealed and clarified the basis for government decisions, have disclosed environmental and health dangers, and have exposed government mismanagement and illegal activities. Access regimes have also functioned as an impetus for improved records management, have initiated proactive disclosure of information, and have promoted a duty of government officials to assist the public that results in the improved delivery of government services. Information is power and government-held information needs to be freely available. Indeed, countries that have implemented functioning PATI regimes have proven the regimes to be a cost-effective and effective means of empowering people to participate in democratic processes. Entrenchment of the right to information is a logical and necessary first step. The principles of transparency and accountability dictate that, whether it is convenient for them or not, governments must be open to public scrutiny. That is the price of democracy. The converse ” authoritarianism ” is marked by secrecy and is a prescription for uncontrolled exploitation of nation resources by individuals and groups who achieve and maintain power unchecked. All stakeholders ” in government, in the media, in the private sector, and the general public ” instinctively endorse an open democracy. Access to information is a foundational human right as without its protection it is impossible for people to fully exercise other rights and freedoms in most cases. In celebration of “International Right-to-Know Day” Saint Kitts and Nevis should recognize and promote the worldwide proliferation of government transparency and accountability. To retain legitimacy and respect, elected representatives must be accountable to the public by openly disclosing information about the activities they undertake with public funds. James M. Ferguson Commonwealth Human Rights Initiative Access to Information Programme
