How does civil society contribute to the passing of access to information (ATI) laws? This paper examines this process in Bulgaria, India, Mexico, South Africa and the United Kingdom. Civil society has impacted on measures to promote access to information through: advocating for ATI legal reform; building popular support; drafting and shaping legislation; helping citizens understand ATI; and monitoring implementation. The country studies reveal contrasting experiences. It is crucial that civil society groups understand the process of change in their context. They must also avoid overselling what ATI can achieve. Demonstrating the practical value of ATI may be civil society’s most important function.
The impact of civil society on measures to promote access to information is considerable, but there are no set rules for an effective strategy. Depending on the context, any model – from a single dedicated NGO to a coalition or an elite group – might be the most effective.
The examples of Bulgaria, India, Mexico, South Africa and the UK show that civil society can influence the formulation and adoption of ATI laws in a number of ways:
- Bulgaria’s ATI movement grew out of environmental concerns and a post-Communist rejection of the culture of secrecy. It focused on a campaign led by the Access to Information Programme, which remains a significant international promoter of ATI.
- In India, grassroots anticorruption campaigns aimed at improving the lot of the rural poor evolved into a widespread and effective campaign for ATI.
- In Mexico, an elite group (the Oaxaca Group) representing a cross-section of interests was involved in planning, drafting and lobbying for an ATI law. Once the law was passed, the Oaxaca Group was replaced by more formally constituted NGOs.
- In South Africa, a campaign grew out of a coalition of NGOs as part of a wider movement for constitutional change after apartheid. With the passing of the law, the coalition generated a distinct NGO.
- In the UK, a specialist NGO spearheaded the campaign, which benefited from a wider movement for constitutional reform. It retained its distinct character and continued to lead the civil society dimension of ATI work after legislation was passed.
Civil society on its own is unlikely to be able to secure the passing of ATI legislation in the face of a hostile government and an indifferent population. There needs to be a wider environment for change. Other lessons emerging from these case studies are that:
- A crucial way in which civil society can impact ATI is by raising public awareness of the importance of information. A related issue is the need to promote the concept of ATI in its most accessible form.
- With the exception of India, the debate on access to information appears to have been monopolised by an elite of experts – media, NGOs and academics – rather than from grassroots movements of individuals affected by the absence of access to information legislation.
- Moving towards an evidence-based approach to policy, there is a need to assess more rigorously the impact of programmes that support civil society efforts to improve ATI. This requires commitment from donors as well as from civil society itself.
