Working Group Five Demand: identifying deficits and increasing the pool of users

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Working Group Five
Demand: identifying deficits and increasing
the pool of users
The group discussed the role of citizen demand for access to information (both
to demand passage of legislation and in using the right to request and access
information once law in effect) in sustaining and strengthening transparency
regimes. As the issue of demand is particularly important in region, the group
also considered how to eliminate barriers and explore ways to increase
demand through education and other activities. Also, the group examined the
links between demand and participation.
Issue Statement
 In the Americas region there exists a lack of knowledge about the
right of access to information which affects the demand for the
passage of laws as well as their effective implementation and
utilization once passed.
 Moreover, where individuals are aware of their right, there is often a
lack of capacity to and awareness of the benefits of realizing it.
 This lack of knowledge, capacity, and incentive hinders the ability of
the region’s people to demand greater transparency, improve
governance, and claim basic rights.
Considerations
 Diverse regional and intra-country contexts including:
 Differences in degree of application and institutionalization of right of ATI
 Marked social inequality
 Different stakeholders have different roles to play
 Central, Regional and Cocal Government; Organized civil society, including
NGOs and CBOs; the media; Ombudsmen and oversight bodies; and the general
public
 It is difficult to broaden the circle of users; incentives must be created for all
users.
 Role of Donors and IFIs important
 Structure of the law and of implementation affect the demand (including
provisions for funding, proactive disclosure, routes of access, etc.)
 Government has a critical role in ensuring use of access to information
 Civil society has a critical role to play in monitoring government’s provision
of access.
 A culture of secrecy persists
Regional Findings
 There is a lack of knowledge of ATI, both as a right, and as a vehicle
to realize other basic rights
 There is also a lack of capacity of governments to deliver and
citizens to utilize the right to information which adversely affects
realization of other rights.
 Building demand requires an understanding of the benefits of
access for the individual and the state.
 There is an asymmetry across societies of knowledge and capacity,
with the most vulnerable groups having the least knowledge and
capacity.
Recommendations & Action Points
STATES:
 Promote demand through building confidence in the system, including
ensuring requests are responded to timely, sanctions are applied, and
establishing enforcement mechanisms
 States should further encourage demand through raising awareness of the
right of access to information, including:
 Formal education in public, private elementary and secondary schools
 Widespread public education campaigns
 Training and capacity building to enjoy use of new technologies
Recommendations & Action Points
STATES:
 To promote demand for access to information regimes and increase the use
and benefits of right to information mechanisms, non-state actors should:
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Advocate for the appropriate legal frameworks
Support the provision of ATI education programs in schools and university
Foster public education campaigns, particularly targeting vulnerable population;
Help requesters to use the information receive
Work with related local, regional and international organizations, state actors,
and related civil society leaders
Recommendations & Action Points
NON-STATE ACTORS (Civil Society, Corporate and Professional Organizations):
 To promote demand for access to information regimes and increase the use
and benefits of right to information mechanisms, non-state actors should:
 Advocate for the appropriate legal frameworks
 Support the provision of ATI education programs in schools and university
 Foster public education campaigns, particularly targeting vulnerable
population
 Help requesters to use the information receive
 Work with related local, regional and international organizations, state
actors, and related civil society leaders
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