[Infowarrior] - We Need Fewer Secrets

[Richard Forno]

We Need Fewer Secrets

By Jimmy Carter
Monday, July 3, 2006; Page A21

The U.S. Freedom of Information Act (FOIA) turns 40 tomorrow, the day we
celebrate our independence. But this anniversary will not be a day of
celebration for the right to information in our country. Our government
leaders have become increasingly obsessed with secrecy. Obstructionist
policies and deficient practices have ensured that many important public
documents and official actions remain hidden from our view.

The events in our nation today -- war, civil rights violations, spiraling
energy costs, campaign finance and lobbyist scandals -- dictate the growing
need and citizens' desire for access to public documents. A poll conducted
last year found that 70 percent of Americans are either somewhat or very
concerned about government secrecy. This is understandable when the U.S.
government uses at least 50 designations to restrict unclassified
information and created 81 percent more "secrets" in 2005 than in 2000,
according to the watchdog coalition OpenTheGovernment.org.

Moreover, the response to FOIA requests often does not satisfy the
transparency objectives or provisions of the law, which, for example,
mandates an answer to information requests within 20 working days. According
to the National Security Archives 2003 report, median response times may be
as long as 905 working days at the Department of Agriculture and 1,113
working days at the Environmental Protection Agency. The only recourse for
unsatisfied requesters is to appeal to the U.S. District Court, which is
costly, timely and unavailable to most people. Policies that favor secrecy,
implementation that does not satisfy the law, lack of a mandated oversight
body and inaccessible enforcement mechanisms have put the United States
behind much of the world in the right to information.

Increasingly, developed and developing nations are recognizing that a free
flow of information is fundamental for democracy. Whether it's government or
private companies that provide public services, access to their records
increases accountability and allows citizens to participate more fully in
public life. It is a critical tool in fighting corruption, and people can
use it to improve their own lives in the areas of health care, education,
housing and other public services. Perhaps most important, access to
information advances citizens' trust in their government, allowing people to
understand policy decisions and monitor their implementation.

Nearly 70 countries have passed legislation to ensure the right to request
and receive public documents, the vast majority in the past decade and many
in middle- and low-income nations. While the United States retreats, the
international trend toward transparency grows, with laws often more
comprehensive and effective than our own. Unlike FOIA, which covers only the
executive branch, modern legislation includes all branches of power and some
private companies. Moreover, new access laws establish ways to monitor
implementation and enforce the right, holding agencies accountable for
providing information quickly and fully.

What difference do these laws make?

In South Africa, a country emerging from authoritarian rule under the
apartheid system, the act covering access to information gives individuals
an opportunity to demand public documents and hold government accountable
for its actions, an inconceivable notion just a decade ago. Requests have
exposed inappropriate land-use practices, outdated HIV-AIDS policies and a
scandalous billion-dollar arms deal. In the United Kingdom, the new law
forced the government to reveal the factual basis for its decision to go to
war in Iraq.

In Jamaica, one of the countries where the Carter Center has worked for the
past four years to help establish an access-to-information regime, citizens
have used their right to request documents concerning the protection of more
than 2,500 children in public orphanages. Two years ago there were credible
allegations of sexual and physical abuse. In the past year, a coalition of
interested groups has made more than 40 information requests to determine
whether new government recommendations were implemented to ensure the future
safety and well-being of these vulnerable children.

Even in such unlikely places as Mali, India and Shanghai, efforts that allow
access to information are ensuring greater transparency in decision making
and a freer flow of information.

In the United States, we must seek amendments to FOIA to be more in line
with emerging international standards, such as covering all branches of
government; providing an oversight body to monitor compliance; including
sanctions for failure to adhere to the law; and establishing an appeal
mechanism that is easy to access, speedy and affordable. We cannot take
freedom of information for granted. Our democracy depends on it.

The writer was the 39th president and is founder of the Carter Center.