1. Findings of the Americas Regional Conference on the Right of Access to Information Findings of the Americas Regional Conference on the Right of Access to Information Carole Excell FOI Coordinator

2. Objectives Goal :To ensure the advancement of the right of access to information in the Americas by developing a PLAN of ACTION. Objectives of the conference : 1. Identify and explore challenges and potential solutions specific to the Americas; 2. Advance the right regionally and nationally.

3. Follow up to the Atlanta Declaration The Declaration recognizes that The Declaration recognizes that “Access to information is a fundamental human right; it is essential for human dignity, equity and peace with justice; and a lack of access to information affects the poor, women, and other vulnerable and marginalized people." “Access to information is a fundamental human right; it is essential for human dignity, equity and peace with justice; and a lack of access to information affects the poor, women, and other vulnerable and marginalized people."

4. Key to the Declaration Enacting a comprehensive law is essential, but insufficient. Need:- An appropriate institutional framework A public administration capacity to manage and provide information. To raise public awareness of the right of access to information, and ensure capacity to exercise the right.

5. Discussions – Is Transparency Delivering? Transparency Laws have been used as 1. Grievance mechanisms 2. Avenues to ensure frugality 3. A mechanism to provide information to protect health & the environment 4. A tool to create political and policy changes

6. BRASIL-The Transparency Portal provides information on: Resources applied directly by the federal departments Federal resources transferred from the federal level to states and municipalities. Federal resources transferred directly to citizens. Transactions on the Federal Government's Purchase Card. Seen as an anti corruption/ transparency mechanismSeen as an anti corruption/ transparency mechanism 9 www.portaldatransparencia.gov.br

7. Transparency Portal Transfers Direct Spending Punished Firms Budget year By state/county spending category Transfers to citizens 11

8. Discussions – Is Transparency Delivering? The effect in Brazil has been :- Reduction in expenditure by government agencies at the federal and local level Reduction in expenditure by government agencies at the federal and local level System seen as inhibiting corruption as audit reports are now on-line System seen as inhibiting corruption as audit reports are now on-line Easier system to notice irregularities Easier system to notice irregularities

9. Is Transparency a Luxury? Currently governments are facing both local and global problems: Social justice and development Social justice and development Delivery of public services Delivery of public services Climate change Climate change Recession & Banking Crisis Recession & Banking Crisis Security issues Security issues

10. Transparency and Accountability in Climate Change National Adaptation Planning: 15 countries National Adaptation Planning: 15 countries 137 proposed projects 137 proposed projects Millions of dollars are being spent on support of such projects (Bangladesh setting up US$ 45 million trust fund -donor funds) Millions of dollars are being spent on support of such projects (Bangladesh setting up US$ 45 million trust fund -donor funds)

11. Transparency and Accountability in Adaptation Planning: Findings Construction and training emphasis Construction and training emphasis General lack of information about expansion and strengthening of institutional mandates. General lack of information about expansion and strengthening of institutional mandates. Total lack of measures to improve institutional transparency and accountability. Total lack of measures to improve institutional transparency and accountability.

12. Importance of Access to information To be sustainable ( investment in Climate Change) important to: To be sustainable ( investment in Climate Change) important to: - Invest in institution-building - Minimum requirements for transparency and participation Support for independent CSO monitoring of government accountability Support for independent CSO monitoring of government accountability Maintenance and continued investment of existing national safeguard mechanisms Maintenance and continued investment of existing national safeguard mechanisms - EIA, SEA, emergency info, and PRTR

13. Action Plan “The greatest challenges to the right of access to information are a lack of implementation and enforcement, backsliding in the more developed systems, and an absence of widespread use of the existing legislation and mechanisms”. “The greatest challenges to the right of access to information are a lack of implementation and enforcement, backsliding in the more developed systems, and an absence of widespread use of the existing legislation and mechanisms”.

14. Critical Findings for Cayman “States should ensure that all public policies and regulations are created and function consistent with the principles of maximum disclosure and transparency, and that all branches of government and public agencies perform according to these tenets”. Proactive Publication Schemes by 2010 ( January) ; Proactive Publication Schemes by 2010 ( January) ; Some Public Authorities - pattern of deemed refusals; Some Public Authorities - pattern of deemed refusals; Under-reporting requests likely; Under-reporting requests likely; FOI Forms are not widely available in all public authorities at front desks; FOI Forms are not widely available in all public authorities at front desks; Request average good but numbers down. Request average good but numbers down.

15. Critical Findings for Cayman “Where not currently covered, States should extend the scope of access to information laws to cover key institutions and bodies and these should be subject to the full requirements of disclosure, including: a) Central banks and public authorities developing monetary policy; - Monetary Authority s.50 EXEMPTION b) Private sector bodies that provide public services or receive public funding; e.g. CUC and Cayman Water c) Political parties and movements registered in the electoral system; Governor has recently called for a more open process d) Judicial and Legislative branches of government. Legislative Assembly not covered by FOI, rules relating to judicial arm of government more restrictive than FOI Law

16. Critical Findings for Cayman “Although technology can assist access to information, it is not a panacea. States use of websites and new technologies is but one avenue for dissemination rather than a substitute for meaningful access to information whereby all persons have the right to seek and receive information regardless of the medium”. “Although technology can assist access to information, it is not a panacea. States use of websites and new technologies is but one avenue for dissemination rather than a substitute for meaningful access to information whereby all persons have the right to seek and receive information regardless of the medium”. We need to think about how to provide information in different formats and re-think our avenues of dissemination We need to think about how to provide information in different formats and re-think our avenues of dissemination

17. Critical Findings for Cayman “States should : a) Designate a specific budget for each public body; b) Increase capacity and resources for Information/Access Officers and Archival and Records Managers,; c) Assure the generation (supply) of accurate and understandable information d) Afford specialized Records Management training for all public officials.” The FOI Unit needs to review what resources are being given to FOI within each public authority and continue to work closely with the Archives on training and publication schemes. The FOI Unit needs to review what resources are being given to FOI within each public authority and continue to work closely with the Archives on training and publication schemes.

18. Critical Findings for Cayman “States should : h) Perform periodic evaluations of the efficiency and effectiveness of the information regulations, institutions and practice; i) Share best practices and collaboration across public agencies; and j) Encourage the use of technology, as appropriate”. Information Manager Network meetings are critical to continue sharing best practices. Information Managers need to share using an on-line network. Continued refinement and monitoring of JADE needs to be on-going. Information Manager Network meetings are critical to continue sharing best practices. Information Managers need to share using an on-line network. Continued refinement and monitoring of JADE needs to be on-going.

19. Critical Findings for Cayman States should issue clear regulations or rules for record-making and management, including specific provisions to deter the increasing use of the “nonexistence of record” as a reason for denial and should monitor, investigate and apply sanctions for inappropriate use of this justification for rejecting information requests. States should issue clear regulations or rules for record-making and management, including specific provisions to deter the increasing use of the “nonexistence of record” as a reason for denial and should monitor, investigate and apply sanctions for inappropriate use of this justification for rejecting information requests. Jan 2009-June 1 Jan 2009-June 1 No records found - 13.6 % - 51/376 No records found - 13.6 % - 51/376 Refusal rate is 17% or 64/376 Refusal rate is 17% or 64/376

20. Critical Findings for Cayman “States should assure that enforcement mechanisms are accessible and timely, including establishing intermediate appeals bodies, providing necessary human and financial resources, and capacitating all judges and any others responsible for resolving access to information complaints”. The FOI Unit has not done a sensitization for judges and this must be a priority for 2009-2010.

21. Critical Findings for Cayman “To promote demand for information, States should strive to build confidence in the system through: a) Ensuring that requests receive timely and satisfactory responses; b) Providing effective and enforceable sanctions for inappropriate denials, obstructing requests for and receipt of information, and all other failures to comply with the right to information regime; and c) Establishing appropriate enforcement measures”. The Information Commissioners report to the LA should assess whether the FOI Law is working to achieve these standards through consultation with the public. Timely responses is becoming a concern in certain agencies Public Education on enforcement of the right to information and appeals is critical

22. Critical Findings for Cayman States should further encourage demand through raising awareness of the right of access to information, including: a) Formal education through curriculum- building and training in public and private elementary and secondary schools and education programs in law and journalism schools; b) Widespread public education campaigns; and c) Training and capacity building to enjoy use of new technologies. We need to introduce FOI into schools curriculum, libraries and at UCCI. We need to introduce FOI into schools curriculum, libraries and at UCCI.

23. Critical Findings for Cayman “Building demand requires a knowledge and understanding of the benefits of access to information for the individual and the State. However, an asymmetry across societies persists, with vulnerable groups having the least knowledge and capacity, most limited access, greatest inability to communicate in the dominant or official language, and yet the most essential need for information”. “Building demand requires a knowledge and understanding of the benefits of access to information for the individual and the State. However, an asymmetry across societies persists, with vulnerable groups having the least knowledge and capacity, most limited access, greatest inability to communicate in the dominant or official language, and yet the most essential need for information”. We need to assess how we can make this Law “real” to the people who need it most in Cayman. We need to assess how we can make this Law “real” to the people who need it most in Cayman.

24. What does that tell us.. We cannot assume that the work of the Unit is over- sustainability of the FOI regime is key. We cannot assume that the work of the Unit is over- sustainability of the FOI regime is key. Proactive publication must be incorporated as a process within public authorities. Proactive publication must be incorporated as a process within public authorities. On going training at Basic and Advanced levels is needed. One course on FOI in 2008 is not sufficient for Information Managers. On going training at Basic and Advanced levels is needed. One course on FOI in 2008 is not sufficient for Information Managers.

25. What we can do.. Public Authorities need to commit to proactive publication. Public Authorities need to commit to proactive publication. We need to work on our publication schemes, make them relevant and provide information that the public wants access to. We need to work on our publication schemes, make them relevant and provide information that the public wants access to. On going training at various levels is needed. One course on FOI in 2008 is not sufficient for Information Managers. On going training at various levels is needed. One course on FOI in 2008 is not sufficient for Information Managers.

26. What we can do.. Ensuring sustained public education about the right to information is something that all public authorities should have a role to play in. Ensuring sustained public education about the right to information is something that all public authorities should have a role to play in. Administrative processes in each public authority for FOI must be clear and understood by all civil servants and chief officers Administrative processes in each public authority for FOI must be clear and understood by all civil servants and chief officers The time to stop talking about FOI and the culture of secrecy in the public service has not happened yet. The time to stop talking about FOI and the culture of secrecy in the public service has not happened yet.

27. Conclusion We have achieved a lot but there is much more to do We have achieved a lot but there is much more to do We must capture the lessons we have learnt along this journey We must capture the lessons we have learnt along this journey