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Alasdair Roberts, ‘Access to Government Information: An Overview’. (Conference on Transparency for Growth in the Americas, The Carter Center, Atlanta: May 3-5, 1999).
http://ww1.transparency.org/working_papers/roberts/roberts.foi.html

Formal recognition of access rights has become an essential feature of an institution’s legitimacy. However, no government recognises the unqualified right to information. It is therefore essential to carefully review issues such as the definition of limitations to access and mechanisms for enforcing access rights. This text discusses the scope, content and implementation of access to information laws and concludes that, ultimately, no access law will be effective if civil society lacks the capacity to exercise its rights.

Alasdair Roberts, ‘Structural Pluralism and the Right to Information’
(University of Toronto Law Journal, No. 51, 2001)
http://faculty.maxwell.syr.edu/asroberts/documents/journal/roberts_utlj_2001.pdf

The trend towards public sector restructuring has provoked a number of concerns regarding the breakdown of traditional public service standards and values. In this paper, Roberts aims to provide a framework for resolving questions about the recognition of access rights. He argues that information rights should generally be recognised where organisational opacity has an adverse effect on the fundamental interests of citizens, or undermines the execution of certain fundamental rights. The classic liberal notion of the need for differential treatment of the public and private spheres has therefore become obsolete.

Commonwealth Human Rights Initiative, Open Sesame: Looking for the Right to Information in the Commonwealth, (CHRI: 2003).
http://www.humanrightsinitiative.org/publications/chogm/chogm_2003/chri_exec_summary_2003.pdf - Executive summary, 20 pages.
http://www.humanrightsinitiative.org/publications/chogm/chogm_2003/chogm%202003%20report.pdf - Full report, 103 pages.

Submitted at the Commonwealth Summit in Nigeria, 2003, this report advocates the immediate adoption and full implementation of access to information recommendations; reviews the present status of legislation in the Commonwealth; and formulates a set of minimum standards for maximum disclosure, including recommendations for states and civil society alike. An extensive bibliography is also included.

David Banisar, Freedom of Information and Access to Government Record Laws Around the World, (Freedom Info.org: May 2004).
http://www.freedominfo.org/survey/global_survey2004.pdf

This survey provides a comprehensive overview of the state of freedom of information worldwide. It contains a status report on access laws for every country as well as a number of links and references for further information.

Jeremy Pope, ‘Access to information: Whose right and whose information?’, in Global Corruption Report 2003, (Transparency International: 2003). http://www.globalcorruptionreport.org

Information, and the availability thereof, is a prerequisite for transparent and accountable government and thus for democracy itself. Secrecy, in contrast, perpetuates an environment in which corruption can flourish. Information is therefore best viewed as being held by the state on behalf of the people. In this chapter, Pope discusses the case for access to information as well as a variety of options available to would-be reformers.

Joseph Stiglitz, ‘ On Liberty, the Right to Know, and Public Disclosure: The Role of transparency in Public Life’,
(Oxford Amnesty Lecture, Oxford, United Kingdom: 27 January 1999).
http://siteresources.worldbank.org/NEWS/Resources/oxford-amnesty.pdf

In this paper, Stiglitz makes the case for transparency and openness in government. Arguing that a basic right to know is a prerequisite for democratic societies, he goes on to elaborate on the causes and effects of excessive secrecy, which undermines democratic processes.

Laura Neuman (ed.), Access to Information: A Key to Democracy (The Carter Center: 2002).
http://www.cartercenter.org/documents/1272.pdf

Poor public access to information feeds corruption. Secrecy allows back-room deals to determine public spending in the interests of the few rather than the many. Lack of information impedes citizens’ ability to assess the decisions of their leaders, and even to make informed choices about the individuals they elect to serve as their representatives. This document provides a useful overview of issues related to access to government information, as well as a case study of the Carter Center’s Access to Information Programme in Jamaica.

Robert Martin, Estelle Feldman, Access to Information in Developing Countries, (Transparency International: 1998).
http://ww1.transparency.org/working_papers/martin-feldman/index.html

Access to information relates to the ability of citizens to obtain information that is in the possession of the state. As such, it is a necessary prerequisite for an empowered citizenry capable of holding government to account. Martin and Feldman examine the importance of access to information in particular with respect to developing countries. They survey existing laws and practices, and review ways of bringing about effective information policies. They find that freedom of information, even when translated into policies or law, is not a guarantee for real access to information. Prerequisites for the successful application of access laws are an independent judiciary, effective systems of mass communication, freedom of the press and peace.

Thomas S. Blanton, The Problem of Secrecy and the Opportunity for Openness in International Institutions, (Columbia University, Initiative for Policy Dialogue: 2003).
http://www0.gsb.columbia.edu/ipd/programs/item.cfm?prid=25&iyid=13&itid=499

Increased public attention with regard to the problem of secrecy in international institutions signals an important opportunity for change. This paper examines how, over the past decade, such exposure has compelled international institutions to gradually expand documentation available to the public and to improve communication with stakeholders and target groups.

case and country studies

Article 19 and others, Global Trends on the Right to Information: A Survey of South Asia, (Article 19: 2001). http://www.article19.org/docimages/1116.htm

Despite global recognition of the importance of access to information for accountability, good governance, human rights and democracy, no South Asian state currently has a national freedom of information law. Change is, however, now underway. This survey looks at significant access developments at international level and contains an in-depth analysis of the situation in India, Pakistan and Sri Lanka. It concludes with a set of recommendations to governments, civil society, the private sector and the international community.

Aruna Roy, Nikhil Dey, ‘The Right to Information: Facilitating People’s Participation and State Accountability’, (10th International Anti-Corruption Conference, Prague, 10 October 2001).
http://www.10iacc.org/download/workshops/cs54b.pdf

This paper describes the work of MKSS, an Indian grassroots NGO campaigning for access to information and greater accountability of local government officials in Rajasthan. It underlines the link between participatory democracy and access to information, showing that transparency and freedom of information are crucial in ensuring good governance.

Daniel Goldberg, Promoting Practical Access to Democracy: A Survey of Freedom of Information in Central and Eastern Europe, (Article 19: 2002). http://www.article19.org/docimages/1448.htm

In Central and Eastern Europe a significant number of states have adopted freedom of information laws in the course of their transition to democracy. Not all, however, have reaped the expected benefits of increased flows of information between government and members of the public. This text, which draws upon lessons learned as well as a regional survey of freedom of information, provides examples of good practice and describes educational and monitoring activities.

Inter-American Dialogue, ‘Access to Information in the Americas’, (Conference on Access to Information in the Americas, Buenos Aires, Argentina: 11-12 December 2002).
http://www.iadialog.org/publications/programs/policy/politics_and_institutions/press_freedom/AccessReport.pdf

This report summarises the proceedings of a 2002 conference bringing together experts on the issue of access to information in the Americas. The report takes stock of the regional situation with regard to access to information, presenting an up-to-date portrait of access across the region. Reference documents produced by experienced regional academics and practitioners are also included.

Rick Snell, ‘Administrative Compliance and Freedom of Information in Three Jurisdictions: Australia, Canada and New Zealand’, (“Freedom of Information - One Year On” Conference, Dublin, Ireland, 23 April 1999).
http://www.ucc.ie/ucc/depts/law/foi/conference/snell99.html

The level, type and frequency of administrative compliance is a useful measure of the efficacy and well being of a freedom of information regime. Basing his analysis on Roberts’ model of administrative non-compliance, Snell discusses the effectiveness of freedom of information legislation in Australia, Canada and New Zealand and finds that the crucial factor in determining the effectiveness of any access regime is the extent to which a cultural shift within the administration towards greater openness can be achieved and maintained. He concludes with a series of recommendations for fostering compliance with and success of access legislation.

Toby Mendel, Freedom of Information: a Comparative Legal Survey
(UNESCO: 2003).
http://www.article19.org/docimages/1707.pdf

This book describes international standards established in the access to information area and illustrates some of the key features of effective freedom of information legislation. Importantly, it provides examples of the way in which ten countries and two international organisations have dealt with access to information issues.


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