Right to Information Guide for Myanmar
examination of issues that takes place before the courts is necessary to resolve these issues in
ways that are broadly acceptable within society.
Experience has shown that an independent administrative level of appeal, before an
administrative body (i.e. an information commission) is essential to providing requesters
with an accessible, rapid and low-cost appeal. The courts are simply too expensive and
complicated, and take too long, to be accessible to or useful for most requesters. The role of
this body is particularly important in terms of interpreting exceptions to the right of access,
given the complexity and sensitivity of this aspect of the system. But it is also important to
resolve the often far too common procedural failures to apply the law properly (such as
delays or refusing to provide information in the format requested).
5. Sanctions and Protections
It is critical that sanctions may be imposed on those who act wilfully to undermine the right
to information, including through the unauthorised destruction of information. Experience
suggests that administrative sanctions (i.e. fines or disciplinary measures) are far more likely
to be used (and hence to be effective) than criminal sanctions, which are very hard to apply.
Sanctions should also be available at the institutional level, i.e. to be imposed on public
authorities which systematically fail to respect the right to information.
In addition to sanctions, there need to be protections for officials who disclose information in
good faith pursuant to the law. Otherwise, officials will always be worried about making
mistakes and attracting the sanctions in secrecy laws, leading to access being undermined in
practice. It is also good practice to provide protection to those who, again in good faith,
release information to expose wrongdoing (i.e. “whistleblowers”).
6. Promotional Measures
For implementation of a right to information law to be a success, it needs a little bit of support,
in the form of promotional measures. Some key such measures are as follows:
a. Public authorities should be required to appoint officials (information officers) or
units with dedicated responsibilities for ensuring that they comply with their
information disclosure obligations.
b. A central body, such as an information commission(er) or government department,
should be given overall responsibility for promoting the right to information.
c. Public awareness-raising efforts (for example producing a guide for the public or
introducing right to information awareness into schools) should be required to be
undertaken.
d. A system should be put in place whereby minimum standards regarding records
management (how public authorities manage their documents and other records)
are set and enforced (this is important both so that officials are able to respond to
requests but also so that they can to do their jobs in general).
The Centre for Law and Democracy is a non-profit human rights organisation working
internationally to provide legal expertise on foundational rights for democracy.
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