Working Group Five

Demand: identifying deficits and increasing the pool of users

The group discussed the role of citizen demand for access to information (both to demand passage of legislation and in using the right to request and access information once law in effect) in sustaining and strengthening transparency

regimes. As the issue of demand is particularly important in region, the group also considered how to eliminate barriers and explore ways to increase demand

through education and other activities. Also, the group examined the links between demand and participation.

Issue Statement

In the Americas region there exists a lack of knowledge about the right of access to information which affects the demand for the passage of laws as well as their effective implementation and utilization once passed.

Moreover, where individuals are aware of their right, there is often a lack of capacity to and awareness of the benefits of realizing it.

This lack of knowledge, capacity, and incentive hinders the ability of the region’s people to demand greater transparency, improve governance, and claim basic rights.

Considerations Diverse regional and intra-country contexts including:

Differences in degree of application and institutionalization of right of ATI Marked social inequality

Different stakeholders have different roles to play Central, Regional and Cocal Government; Organized civil society, including

NGOs and CBOs; the media; Ombudsmen and oversight bodies; and the general public

It is difficult to broaden the circle of users; incentives must be created for all users.

Role of Donors and IFIs important Structure of the law and of implementation affect the demand (including

provisions for funding, proactive disclosure, routes of access, etc.) Government has a critical role in ensuring use of access to information Civil society has a critical role to play in monitoring government’s provision

of access. A culture of secrecy persists

Regional Findings There is a lack of knowledge of ATI, both as a right, and as a

vehicle to realize other basic rights There is also a lack of capacity of governments to deliver and

citizens to utilize the right to information which adversely affects realization of other rights.

Building demand requires an understanding of the benefits of access for the individual and the state.

There is an asymmetry across societies of knowledge and capacity, with the most vulnerable groups having the least knowledge and capacity.

Recommendations & Action Points

STATES: Promote demand through building confidence in the system, including

ensuring requests are responded to timely, sanctions are applied, and establishing enforcement mechanisms

States should further encourage demand through raising awareness of the right of access to information, including:  Formal education in public, private elementary and secondary schools Widespread public education campaigns Training and capacity building to enjoy use of new technologies

Recommendations & Action Points

STATES: To promote demand for access to information regimes and increase the use

and benefits of right to information mechanisms, non-state actors should:  Advocate for the appropriate legal frameworks Support the provision of ATI education programs in schools and university Foster public education campaigns, particularly targeting vulnerable population; Help requesters to use the information receive Work with related local, regional and international organizations, state actors,

and related civil society leaders

Recommendations & Action PointsNON-STATE ACTORS (Civil Society, Corporate and Professional Organizations): To promote demand for access to information regimes and increase the use

and benefits of right to information mechanisms, non-state actors should:  Advocate for the appropriate legal frameworks Support the provision of ATI education programs in schools and university Foster public education campaigns, particularly targeting vulnerable

population Help requesters to use the information receive Work with related local, regional and international organizations, state

actors, and related civil society leaders