Right to Information Guide for Myanmar
should be provided without the need to prove direct interest or personal involvement in
order to obtain it, except in cases in which a legitimate restriction is applied.3
Both the European Court of Human Rights and the UN Human Rights Committee have
subsequently recognised the right to information, with the latter stating in its 2011 General
Comment that “Article 19, paragraph 2 embraces a right of access to information held by
public bodies. Such information includes records held by a public body, regardless of the
form in which the information is stored, its source and the date of production.”4
The international recognition of the right to information has been accompanied by a steady
growth in the number of States with right to information laws. As of end 2021, nearly 140
States had adopted right to information legislation (see the RTI Rating at www.RTIRating.org).
1. The Importance of the Right to Information
Giving effect to the right to information brings with it a host of important benefits, some of
which are outlined below.
1.1. Democracy and Accountability
A free flow of information about matters of public interest is essential to a healthy democracy.
A core characteristic of democracy is that individuals have the ability to participate effectively
in decision-making about issues that affect them. As noted in a judgment of the Supreme
Court of India: “Where a society has chosen to accept democracy as its creedal faith, it is
elementary that the citizens ought to know what their government is doing”.5 Democracies
put in place a range of different participatory mechanisms, including direct elections for their
leaders but also citizen oversight bodies for public services such as education and health, and
mechanisms for commenting on proposed government programmes, activities, policies or
laws. It is not possible to participate meaningfully in any of these mechanisms without access
to timely, accurate and complete background information, including, crucially, information
held by the government.
1.2. Sound Development
The participation promoted by right to information laws extends to development initiatives.
Being open with beneficiaries fostering their involvement, leading to greater ownership over
3
Claude Reyes and Others v. Chile, 19 September 2006, Series C., No. 151, para. 77, http://www.corteidh.
or.cr/docs/casos/articulos/seriec_151_ing.pdf.
4
UN Human Rights Committee, General Comment No. 34: Article 19: Freedoms of opinion and expression, 12
September 2011, CCPR/G/GC/34, para. 18, https://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf.
5
S.P. Gupta v. President of India, AIR 1982 SC 149, 1981 Supp (1) SCC 87, 1982 2 SCR 365, para 63,
https://indiankanoon.org/doc/1294854/.
The Centre for Law and Democracy is a non-profit human rights organisation working
internationally to provide legal expertise on foundational rights for democracy.
2