The following is a message from the Hon. Burchell Whiteman, Minister of Information on Journalism Week which began yesterday.
JAMAICA JOINS more than 47 nations worldwide that have comprehensive laws to facilitate access to state records. These laws in essence are to promote maximum transparency and accountability without compromising the ability of the organisations to function effectively or breaching the privacy rights of third parties.
Jamaica's Access to Information Act , which was passed in June 2002, was born out of a Freedom of Information Committee that was set up in 1991 with the mandate to prepare a report that would form the basis of the legislation.
Individuals and organisations were asked to submit, in writing, comments and suggestions on the proposed law. Among those who made submissions were the Press Association of Jamaica, Jamaicans For Justice, The Private Sector Organisation of Jamaica and the University Guild.
The Act is not yet in force but lawmakers are working towards making the legislation operational before year-end. A phased implementation, starting with seven Government bodies, was deemed necessary. As such, a Bill to amend the Act to allow for this; as well as regulations to accompany the Act have been approved by the Senate and are to be debated in the Lower House.
It must be noted that some countries that have information disclosure laws have not yet developed regulations to accompany them. The ATI Act makes provisions for official documents in the possession, custody or control of a Government body and which are connected with its functions to be accessible to the general public.
Some documents, however, will be exempt from disclosure in order to protect essential public interests or the private/business affairs of others. These documents will however, be subject to public interest tests and declassification 20 years after their creation.
The public will also have the right to appeal on two levels against a decision not to grant access to a document or to amend or annotate a personal record (Internal review/Appeals Tri-bunal). In addition, under the Act, a public official commits an offence if: he or she alters or defaces, blocks or erases; destroys or conceals an official document to which the public has a right to access, with the intention of preventing its disclosure.
MAXIMUM FINE
A fine of a maximum $500,000 or six months imprisonment or both are applicable.
Government bodies will be required to submit quarterly reports to the Minister with responsibility for the Act (Minister of Information) and at the end of each year, after its operation, Ministerial reports on the operation of the Act must be submitted to Parliament.
A very important feature of the legislation is the provision for its review not later than 2 years after the Act is in operation. This will facilitate the further refining of the legislation.
The head of one of our media groups stated recently that the Access to Information Act is a big issue that will open many doors:
"What it will allow us to do is get access to information and various files. We will have to determine what are those burning issues that we have wanted answers to all along."
With greater access to information comes a higher level of professionalism and responsibility in the media. It is vital that journalists take the time to familiarise themselves with the background to the subjects they report on and not to allow the adrenaline of sensationalism to guide their pens.
According to a non governmental organisation in Japan, 'Information Clearinghouse,' journalists of leading newspapers have been heavy users of their law "The Law Concerning Disclosure of Information Held by Administrative Agencies", which was passed in 2001.
Media reports uncovered: new information concerning the details of placements of retiring central government officials who were given senior positions in government-controlled corporations. The disclosures included the compensation packages for these officials as well as the administrative punishments imposed on doctors employed at national hospitals who had improperly received gifts from pharmaceutical and other companies.
A September 2003 report from 'Press Trust India' stated that residents of New Delhi have begun to use the 'Right to Information Act' to compel authorities to finish long-standing civil projects in low income parts of the city.
STATISTICS
Statistics have shown that countries with information disclosure laws are more productive, as the people use the information gained to better themselves, their family, community and by extension their country.
Over 40 more countries are in the process of enacting such legislation and countries in Eastern and Central Europe, Africa and Asia are currently reviewing proposals to adopt comprehensive acts. In Western Europe, only Germany and Switzerland lack legislation.
Nearly all Central and Eastern European countries have adopted laws as part of their democratic transitions. Several Asian, South and Central America and African countries have either enacted laws or are about to do so. Even the former Soviet Union and near by territories within the past year have been in the process of enacting information disclosure laws.
The ATI Act will shed light on decision-making and give people a sense of ownership in Government. It is necessary to lift the veil of secrecy which usually exists in Governments fashioned off the Westminster Model and reduce the likelihood of the existence or continuation of corruption.
In order for our Access to Information Act to work, we will all have to utilise it and play our part in the process.
