2014年-世界发展银行全球_Right_to_Information___Recent_Spread_of_RTI_Legislation_12页_4mb

Summary of "Recent Spread of RTI Legislation"

Core Content

The document discusses the global expansion of Right to Information (RTI) laws over the past 20 years. It highlights the shift from traditional freedom of information laws to RTI laws, which are increasingly recognized as a human right. The analysis is part of the World Bank's Right to Information Series, focusing on transparency, governance, and the implementation of RTI laws.

Main Points

• Global Growth of RTI Laws:

  • From 19 countries in 1995, the number of RTI laws has grown to nearly 100 by 2013.
  • The growth rate increased significantly after the 1990s, with the pace continuing into the early 2010s.
  • RTI laws are now found in all regions of the world, though coverage is uneven.

• RTI as a Human Right:

  • RTI is now recognized as a human right under international law.
  • The UN Special Rapporteur in 1998 first framed RTI as a positive obligation on states.
  • In 2006, the Inter-American Court of Human Rights and in 2009, the European Court of Human Rights formally recognized RTI as part of freedom of expression.
  • The UN Human Rights Committee affirmed this in its 2011 General Comment on Article 19 of the ICCPR.

• Drivers of RTI Expansion:

  • Normative and Legal: The recognition of RTI as a human right and the alignment with international standards.
  • Political and Social: Democratic transitions, increased citizen participation, and civil society campaigns.
  • Technological: The rise of digital technologies and the internet has made information more accessible and increased public demand for transparency.
  • Globalization: Enhanced access to information and the spread of RTI ideas across borders.

• Geographic Spread:

  • In 1995, RTI laws were mostly concentrated in Western democracies.
  • Eastern Europe led the way in the following decade, with 20 countries adopting RTI laws.
  • By 2005, only a few European countries were without RTI laws.
  • Asia and the Americas saw steady growth, while Africa and the Middle East and North Africa (MENA) had slower progress.
  • As of 2013, the Middle East and North Africa had only 3 RTI laws, and Sub-Saharan Africa had 12.

• Quality of RTI Laws:

  • The average score of RTI laws improved from 76 in 1995 to nearly 94 between 2005 and 2010.
  • The RTI Rating system, developed by the Centre for Law and Democracy and Access Info Europe, measures the strength of RTI laws based on 61 indicators.

Key Challenges

• Coverage Gaps:

  • Over half of the world's countries still lack RTI laws.
  • Some regions, particularly the Middle East and North Africa and Sub-Saharan Africa, have low density of RTI laws.

• Implementation Gaps:

  • Many countries with RTI laws have not effectively implemented them.
  • Barriers include outdated information systems, inefficient archival practices, and an opaque bureaucratic culture.

• Political and Capacity Constraints:

  • In some countries, political will is lacking.
  • Smaller island states in the Caribbean and Pacific face capacity constraints in adopting RTI laws.

• Backlash and Opposition:

  • Some countries have experienced backlash against strong RTI laws.
  • There is also a rise in attacks on RTI activists and efforts to undermine openness in intergovernmental organizations.

Conclusion

Despite these challenges, the spread of RTI laws represents a significant shift in global governance. RTI is now a truly global phenomenon, not limited to Western democracies. The document concludes that the RTI agenda will continue to be a priority worldwide, and that future progress depends on sustained efforts from governments, the international community, and civil society.