In dire need of Freedom of Information Act

Letters_20to_20Editor_380419663Dear Editor,

In a recent DNO article dated May 9th, 2016, Prime Minister the Hon. Roosevelt Skerrit, went on the defensive by emphasizing that his government is accountable and transparent. He claimed that economic aid programmes, such as the EU-funded rehabilitation feeder roads project, have been subject to independent audits which show total accounting and regulation compliance.

The People’s Party of Dominica has already addressed the issue of non transparency in terms of government’s methods and dealings. Until we see change, we will maintain that this current administration has a long way to go. Until, for instance, any member of the public can request and obtain access to specific government accounting records, like for example those of the Citizen-By-Investment programme, the Dominica Labour Party in our view, is not transparent.

A dire need has persisted since the 1978 Labour government, for the implementation of a Freedom of Information (FOI) Act, the “Act”. The Constitution of the Commonwealth of Dominica addresses and ensures all basic rights for citizens. It is one of the most comprehensive worldwide in protecting the rights and civil liberties of the public.

However, it is vitally void of the rights of access and knowledge by its citizens to government records and modus operandi, except those categorised as exempt. The Prime Minister is then legally within bounds, when he retorts to the meddlesome, “it’s not your damn business.” With the public in the dark, the government can embark on ludicrously unnecessary projects, and that is putting it mildly. With a no-need-to-know public, tax payer money, actual and realizable, can be siphoned through multitudes of off-shore accounts, thus rendering a gargantuan task to hold the government accountable by means of documented information.

Without the Act, financial abuse, irregularities, and malfeasance can be covered up unless such become so glaring, that they would be in violation of other acts themselves.

At a meeting of the Concerned Citizens’ Movement (CCM) in late June of last year, journalist Tim Durand reiterated the need for a Freedom of Information Act to be implemented within the frame of law. According to Mr. Durand, “We depend now on the generosity and the good will of our political leaders to make themselves available to us when we require information about issues in the country for on-passing to the public.”

It is of concern that as the country which hosted one of the first Caribbean Freedom of Information workshops in December of 2006, this current administration has not itself incorporated the objectives of the agenda. Trinidad, in 1999, was the first to pass an FOI Act. These seven countries – Antigua and Barbuda, Belize, the Dominican Republic, Guyana, Jamaica, and St. Vincent, have also implemented laws pertaining to freedom of information. The countries of St. Lucia, St. Kitts, Grenada, Barbados, and the Bahamas have drafted FOI laws. These are either awaiting implementation or being withheld for other reasons. Legal standards and levels of rights vary across the region, but Dominica is behind the curve in that regard.

Global Partners and Associates in their December 2011 publication, “Towards Open and Transparent Government: International Experience and Best Practice,” have identified eight major obstacles countries face in attempting to implement freedom-to information policies and best practices. Of these eight, four hindrances are rather indubitable as to what citizens of the Commonwealth of Dominica are subject to:

1. A Culture of Secrecy that permeates not just government, but society too – Secrecy and “en bas ness” are embedded with our society. Just look for example, at the rash of sexual allegations now surfacing, some of which have resulted in political party upheavals and ministerial resignations. This “not your damn business” temperament has become pervasive within the ranks of public/police officials when dealing with the members of the public.

2. Limited capacity within civil society – This is where civil society has become weak to effectively advocate for more open government and reduced corruption. We, the Dominican public, have developed a docile attitude towards intrusive government regulation and corruption over the past two to three decades. This is in comparison to the 1970’s, when the likes of His Excellency Charles Savarin, then General Secretary of the Civil Service Association, officiated in a less tolerant era.

3. Limited institutional capacity and poor records management systems – The efficiency and effectiveness of access to information of various government departments differs. For example, the Customs and Excise Division has a high cyber presence, thus granting more information than say, the Commonwealth of Dominica Police Force. The government web portal, http://www.dominica.gov.dm/, is friendly in terms of navigational access. The linked databases of many of the departments, however, are poorly managed, in need of an upgrade, and/or don’t divulge enough information.

4. Political leaders and the ‘messiah complex’.

The Commonwealth of Dominica Freedom of Information Act need not be complicated. The introduction must highlight in clear terms, that the public has a right to request information and that the government must grant access to such requests in full disclosure, save for items that are FOI exempt. Such exemptions would include, but would not be limited to – high level national security matters; trade secret information; and medical and personal records, whereby the release would cause the “releasee” to suffer grave bodily harm and/or mortal danger.

In adhering to Freedom of Information requests, government departments or a single agency tasked with the FOI public interface, would have to ensure that:

– Requests are acknowledged and tracked promptly;
– They are proactive in expanding anticipated disclosure requests;
– They clearly and proactively communicate with requesters;
– The internet is fully utilized in the processing and disseminating of information.

The advantages to the Government of Dominica would be tremendous in terms of, fostering public participation in the democratic building process; increasing accountability and transparency; increasing public trust in government; and adding credibility to and the boosting of government ratings with international agencies and governments.

The People’s Party hereby calls on the current administration of the Dominica Labour Party, to as soon as possible, enact the drafting up and implementation of laws which guarantee citizens the freedom and rights to request and obtain government information. In light of the allegations of poor government-run management, like in the case of the CBI programme, and involvement in scandals like the Panama Papers affair, the public has a right to know!

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7 Comments

  1. Tjebe Fort
    May 19, 2016

    Good message but my eyes glaze over before I finish reading. Call me stupid if you like but is so it is.

  2. Dominican
    May 18, 2016

    Of course we need a freedom of information act. That is not new, so long we have been talking about that. Good call PPD but it is too convoluted. How many people are going to read that to the end? A message like that should be simple and succinct, for a broad spectrum of the public to understand. Most of us are not intellectuals and have a short attention span.

  3. May 18, 2016

    What was that? A song without an end? One paragraph was too much

    • May 19, 2016

      Putting literature in front of a LABORITE Is Like Giving THE Devil A cross.

  4. May 18, 2016

    As passionate as I am for freedom of information, I found this commentary exhausting to read through to the end. It is in dire need of simple sentences and plain words.

  5. AAGabriel
    May 18, 2016

    Thank you for pointing out the obvious. We have known about this for years and these issues have been brought up on a regular basis by Dominicans that are aware of what is actually going on in their country. However, as long as these ignorant DLP supporters keep chanting for ‘their’ Prime Minister, nothing is gonna change in Dominica. Not for the better anyway!

  6. Clarity
    May 18, 2016

    Amen. Mais cest Bondie Qui voyez zor? Bless all of you. Now I seeing good talk. cest pas tout parlay qui bon mais yo ni bon parlay.

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