FOI - one element of a supporting network
of laws, institutions and practices
Presented by Rick Snell
February 2010
University of Tasmania
Australia
r.snell@utas.edu.au
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• FOI is not a mechanism that can operate in all
conditions or environments as a stand alone
measure.
• Changes in the surrounding information
environment often provide the foundation, or
supports, for more effective FOI.
• FOI is the most fiercely contested of an array of
transparency and accountability measures.
• Capacity is a critical factor.
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A difficult path
• Of the 70+ countries that have introduced FOI few have
been overnight events or without considerable struggle
and/or resistance.
– USA late 1940s to mid 1960s (with a series of
upgrades since)
– Australia late 1960s to 1980s (major upgrade
occurring now)
– United Kingdom 1960s to 2005
– Indonesia late 1990s to 2009
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Political will: a critical but uncertain component
• The political will required for FOI is significant
and often has had to be enhanced or motivated
by regime change, a significant crisis (corruption
scandal) or long standing issue where access to
information was a critical element.
• Other transparency measures seem less
dependent on such high levels of political will
– Access to sectoral information (health, environment,
local government)
– Reasons for decisions
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What is the objective?
• A FOI law?
• A changed and improved information
environment?
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One approach - setting higher benchmarks of transparency
• Precursors
– Australia
• Reasons for decisions, ombudsman
• Review of government decisions, annual reporting
• Intermediate steps
– UK
• Environmental, health, individual agency policies
• Followed by a general code of access
– Indonesia
• Environmental, provincial
– Japan
• Prefectures, local government
– China
• 3 decades of progressive administrative law reforms
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The Problem of Harsh Environments
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Conflict or post conflict states
High levels of corruption
One party or one party dominant states
Slow economic development
Low literacy rates
High levels of government paternalism
Poorly functioning public service
Low records management capacity
Low levels of press freedom and/or high levels
of journalistic risk
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The Problem of Supply and Demand
• Supply
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Government information poor, scattered, limited
Fragile or non-existent information networks
Information flow irregular and inconsistent
State needs to build a capacity for open public
administration – Yet access laws at the high
sophistication and capability end of spectrum
• Demand
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Limited - NGOS, Elites, media
Distribution weak (very little empirical study)
Problematic threats to users or perception of threats Previous history diminishes expectations
Limited capacity to deal with non-compliance
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Should we wait for FOI?
• FOI can come before other reforms and
changes
• Demand and supply challenges are only
hurdles
• Need to adjust expectations
• Address implementation
• FOI regimes and information environments
evolve
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