Government submits right to information bill
25 November 2009 Ahmed NaishA right to information bill was submitted
to parliament this week to ensure the government conducts its
activities in a transparent and accountable manner, according to the
president's office.
Deputy Attorney General Abdulla Muizza told Minivan News today the
bill was "very similar" to the current right to information
regulations, noting the right was enshrined in the constitution.
Article 29 of the constitution stipulates that everyone has the
freedom to acquire and impart knowledge, information and learning.
While the right to information regulations exist, Muizzu said an Act
would be "more effective" and have "more weight", adding that
regulations have to be reviewed every year.
"Regulations can also be changed at any time by a three-member panel
in parliament but an Act requires all of parliament to be changed," he
said.
Ali Shamaan, the editor of Hafta weekly, said the bill will compel
government offices to provide information.
"Legal action can be taken against those who refuse, whereas under the
regulations, there was no legal recourse," he said.
The right to information regulations were adopted by presidential
decree last year after a bill on the issue was rejected by parliament
in 2007.
Shamaan said the 2007 bill had "serious flaws" as it was proposed by a
"30-year-old dictatorship" that did not have any intention of
providing information.
"But in the last few years of the Maumoon government, a circular was
sent to all government offices asking them to provide information to
media," he said.
He added that the incumbent government had told offices to make
information available and was confidence MPs would vote for the bill.
The right to information regulations came into effect in May but have
been severely criticised by journalists, who have argued they hamper
rather than ease access to information.
Under the regulations, all information must be provided within 30
days, which the Maldives Journalism Association (MJA) has argued
should be shortened to 21 days.
The MJA further criticised provisions in the regulations which allow
government institutions to extend the period from 30 to 60 days on a
number of grounds such as if the information is not considered ready
for publication.
The regulations have also been criticised for their numerous
exceptions. Information can be withheld if, for example, it relates
"to a third party, is a trade secret or goes against a prior
agreement".
In a UNESCO sponsored report published last month, Toby Mendel, senior
legal counsel at Article 19, an international organisation that
advocates for freedom of expression, said the regulations did not,
appear to be implemented in practice or used by either citizens or
civil society as a means of accessing information.
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