Open Society Justice Initiative www.justiceinitiative.org.

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Presentation transcript:

Open Society Justice Initiative

Open Society Justice Initiative Offices in: New York, Budapest, Abuja Programs: National Criminal Justice International Justice Anti-corruption Equality and Citizenship Freedom of Information and Expression Legal Capacity Development

Justice Initiative - Freedom of Information Program Freedom of Expression Program: Defamation Financial and Indirect Pressures Freedom of Broadcasting Freedom of Information Program: FOI Adoption FOI Implementation Global level projects (National Security, IFI Transparency) FOI Network and Resource Materials (FOI Network, Monitoring)

Justice Initiative - Freedom of Information Program FREEDOM OF INFORMATION LAWS Enables citizen participation in decision-making by governments and international bodies Assists in developing citizen trust in government actions Promotes accountability to the public Underpins efforts to combat corruption 50+ countries pass Freedom of Information Laws, more than half in the last decade (in 2003: Armenia, Turkey, Slovenia, Croatia etc) 30+ pending efforts (Serbia, Macedonia, etc)

Justice Initiative - Freedom of Information Program FOI Laws adopted: Bulgaria Macedonia- draft Montenegro- no law Romania Serbia- draft Czech Republic Croatia- 2003

Justice Initiative - Freedom of Information Program FOI LAWS: Who has the right to information? What information is public? Who has the obligation to provide the information? Time frames Fees Exemptions (harm test, public interest test)

Justice Initiative - Freedom of Information Program FOI and Accountability - Justice Initiative Projects 1) FOI & Health Data - Slovakia 2) FOI & Women’s Rights - Albania 3) FOI Education & Legal Assistance- Peru 4) FOI Monitoring- Global

Justice Initiative - Freedom of Information Program 1) FOI & Health Data - Slovakia Analyzing Freedom of Information Law and related legislation of Slovakia. Mapping of access to health information in Slovakia Filing requests Litigating where necessary to challenge refusals to provide information

Justice Initiative - Freedom of Information Program 2) FOI & Women’s Rights - Albania Assisting Albanian women’s rights CSOs in filing requests Providing legal advice if information is denied Undertaking litigation in selected cases Training of lawyers

Justice Initiative - Freedom of Information Program 3) FOI Education & Legal Assistance - Peru Research on the interest of the civil society regarding the information they want to get from the public authorities. Approaching the local municipality and offer assistance in establishing an information system and training on use of the FOI Law. Training in parallel the local population, journalists, and NGOs on the use of the law (interactive materials, awareness-raising)

Justice Initiative - Freedom of Information Program 4) FOI Monitoring - Global A tool for monitoring access to information levels Relational database for collecting and evaluating results –Requestees: wide range of governmental institutions (central/regional/local) –Requestors: wide range of persons (NGO, journalist, excluded group, natural person)

Justice Initiative - Freedom of Information Program 2003 Pilot Monitoring different political/legal environment: Armenia (2004), Macedonia (draft law), Peru (2002), Bulgaria (2000), South Africa (2000) 2004 Monitoring Africa (South Africa, Ghana, Kenya, Mozambique, Nigeria, Senegal) Europe (Armenia, Bulgaria, Macedonia, Romania, France, Spain) Latin America (Peru, Chile, Argentina, Mexico)

Justice Initiative - Freedom of Information Program Phases of the Monitoring: Request Monitoring Promotion Requests - about activities taken to promote FOI in governmental institutions Follow-On Interview - on the problems encountered in the Request process

Justice Initiative - Freedom of Information Program The tool will meet the following needs: to publicize and analyze the state of FOI in each country; to identify reasons for failure to open access for use in advocacy & training efforts; to provide a standardized methodology for future use to comparisons between countries

Justice Initiative - Freedom of Information Program Final Results from the 2003 FOI Pilot Study Armenia Bulgaria Macedonia Peru South Africa

FOI Practices among (18) institutions

Justice Initiative - Freedom of Information Program Helen Darbishire- Senior Program Manager Darian Pavli- Legal Officer Eszter Filippinyi- Program Coordinator Katalin Talur- Legal Intern Tel: Fax: Web: