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RTI Laws

Realizing the Potential of Right to Information

Anupama Dokeniya's picture

Right to Information (RTI) laws can be a useful instrument for improving transparency – if the political will for implementation is sustained, and if the broader governance environment provides the enabling conditions for the exercise of the law. A research project that studied the implementation of RTI laws in a number of countries showed that implementation has been very uneven across countries. In some countries, RTI laws had been leveraged effectively for extracting information in a number of important areas, ranging from public expenditures, to performance and procurement, and exposing instances of corruption. In other countries, the existence of an RTI law had little impact in any of these areas, and oversight and capacity building mechanisms had either not been set up, or not functioned effectively.

The findings of the study are not surprising. The implementation gap between de jure and de facto reforms in countries faced with capacity constraints and political economy challenges is well-known. Yet, international agencies have pushed policy reforms without adequate attention to the constraints and challenges of implementation. The pressure to win support and legitimacy with international aid agencies has been an important driver of the adoption of RTI laws. The right has also been recognized in international human rights conventions, and more recently has gained increasing international attention (for instance, the existence of a law is one of the considerations for membership in the Open Government Partnership). Further, pressure from domestic constituencies has also propelled political actors to champion the law. But, once passed, capacity limitations, the erosion of political will, and active resistance have been important impediments to realizing the potential of RTI.