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[Global corruption report 2003] reedom of information legislation
Mendel, Toby
Mendel, Toby
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"Freedom of information (FOI) includes the public’s right to access information held by public authorities and imposes an obligation on public authorities to publish key categories of information. Many recently adopted constitutions include specific guarantees of FOI, reflecting a growing acceptance of this fundamental human right. Examples include the 1994 Malawi constitution and the Thai equivalent three years later, as well as many recent European constitutions. Experience shows that constitutional provisions are not enough to ensure the right to FOI in practice; implementing legislation is required. Countries around the world are adopting such legislation, with Bosnia-Herzegovina, Britain, Kyrgyzstan, Poland and South Africa among those to have done so since 2000. Draft laws are under consideration in Guatemala, India, Indonesia and Nigeria and numerous other countries. The trend is not limited to states: a number of intergovernmental organisations (IGOs) have recently adopted FOI policies. The EU adopted the Regulation Regarding Public Access in May 2001 and the World Bank revised its Policy on the Disclosure of Information in September 2001. Not surprisingly, legislation and practice vary considerably. Where laws provide a good basis for openness, attention must now focus on implementation. Some governments have responded to pressure to adopt legislation but limited the right as much as possible. An extreme case in point is the recently adopted Zimbabwean Access to Information and Privacy Act, which is more about controlling the media than securing access to information."
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Book chapter
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2003
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1861974760
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With permission of the license/copyright holder