Vexed Bermoothes

The Inter-American Juridical Committee of the the Organization of American States (OAS) has adopted a resolution on Principles on the Right of Access to Information which sets out key principles governing the right to information, including recognition of access to information held by public bodies as a fundamental human right.

The OAS is the principal multilateral forum for strengthening democracy, promoting human rights, and confronting shared problems in both the Caribbean and the Americas.

Bermuda has paid lip service to freedom of information for far too long.  It’s been malingering for years with no visible progress.  Government says it is committed to freedom of information, but the whole project is paradoxically shrouded in secrecy.  By making it out to be some huge project, Government leaves the impression that it has something to hide. That doesn’t fly.  The formation of the law must be transparent and bipartisan. And it has to show progress!

The OAS Resolution [pdf] seems a good guiding light for Bermuda.  It states:

1. In principle, all information is accessible. Access to information is a fundamental human right which establishes that everyone can access information from public bodies, subject only to a limited regime of exceptions in keeping with a democratic society and proportionate to the interest that justifies them. States should ensure full respect for the right to access to information through adopting appropriate legislation and putting in place the necessary implementation measures.
2. The right of access applies to all public bodies, including the executive, legislative and judicial branches at all levels of government, constitutional and statutory bodies, bodies which are owned or controlled by government, and organizations which operate with public funds or which perform public functions.
3. The right to access applies to all significant information, defined broadly to include everything which is held or recorded in any format or medium.
4. Public bodies should disseminate information about their functions and activities -including, but not limited to, their policies, opportunities for consultation, activities which affect members of the public, their budget, and subsidies, benefits and contracts – on a routine and proactive basis, even in the absence of a specific request, and in a manner which ensures that the information is accessible and understandable.
5. Clear, fair, non-discriminatory and simple rules should be put in place regarding the processing of requests for information. These should include clear and reasonable timelines, provision for assistance to be given to those requesting information, free or low-cost access, and does not exceed the cost of copying and sending the information, and a requirement that where access is refused reasons, including specific grounds for the refusal, be provided in a timely fashion.
6. Exceptions to the right to access should be established by law, be clear and narrow.
7. The burden of proof in justifying any denial of access to information lies with the body from which the information was requested.
8. Individuals should have the right to appeal against any refusal or obstruction to provide access to information to an administrative jurisdiction. There should also be a right to bring an appeal to the courts on the full merits of the case against the decisions of this administrative body.
9. Anyone who willfully denies or obstructs access to information in breach of the rules should be subject to sanction.
10. Measures should be taken to promote, to implement and to enforce the right to access to information including creating and maintaining public archives in a serious and professional manner, training public officials, implementing public awareness-raising programmes, improving systems of information management, and reporting by public bodies on the measures they have taken to implement the right of access, including in relation to their processing of requests for information.