Open Government and Freedom of Information

Inhaltsverzeichnis

1. Frontmatter

2. Prologue

   1. Frontmatter

   2. Chapter 1. Open Government and Freedom of Information: Parameters and Determinants—An Introduction

      Habib Zafarullah, Noore Alam Siddiquee

      Abstract

      This opening chapter explains ‘Open Government’ (OG), an important component of democratic governance that fosters transparency, accountability and integrity. Following the worldwide trend of establishing transparent and accountable governmental processes, freedom of information (FOI) has increasingly become a key component of democratic governance in several nations in Asia. The OG platform can make them familiar with regulatory practices, give them access to public information, help in organizing themselves more effectively, and assist in the fight against political and administrative corruption. The principles of democracy can be affirmed and protected by including all stakeholders in the policymaking process through deliberative, collaborative, and participatory decision-making processes.

   3. Chapter 2. Open Government and Freedom of Information in Asia: Exploring Developments and Outcomes

      Habib Zafarullah, Noore Alam Siddiquee

      Abstract

      This chapter places the principles and practice of open government and freedom of information in social, political, economic, legal, ethical and technological contexts. It will develop an understanding of how an effective democratic system responds to an increasingly informed and assertive public community, enhance the mechanism of governance, hold public agencies accountable for their acts, and ensure the integrity of the civil service and public institutions in the Asian context.

3. Country Studies East & Southeast Asia

   1. Chapter 3. Leaning Towards the Light? The Path to Open Government in Taiwan

      Tsai-Tsu Su, Nai-Ling Kuo, Hsini Huang

      Abstract

      This chapter covers the various developments of open government (OG) in Taiwan, including its progress, policy highlights, current practices, and future perspectives. By introducing the four policy highlights—the participatory budgeting, youth advisory committee, open data, and the online citizen participation platform, we begin with the illustration of current developments and practices of OG in Taiwan. Furthermore, we discuss the four core values of OG (transparency, participation, accountability, and inclusion) to have a holistic assessment of the performance of OG implemented by the Taiwanese government. Lastly, our analysis reveals how understanding the basic view of open government in Taiwan can help us foresee future challenges, directions, and policy implications.

   2. Chapter 4. Open Government and Freedom of Information: The Philippine Experience

      Alex Bello Brillantes Jr., Cliff Ransom Wendell B. Lilangan, Karl Emmanuel V. Ruiz

      Abstract

      The public sector’s information openness is vital in ensuring clean and competent governance. Governments that make documents, processes, and transactions available to their citizens in the spirit of transparency and accountability minimize—or even prevent—corruption, foster strong public confidence, and restore citizens’ trust in democratic institutions under peril. Philippine democracy has been considered among the most vibrant democracies in the region, a tradition inherited from the American colonizers. This American-style democracy was interrupted by the dictatorship of Marcos in 1972 but was restored with his overthrow in 1986 through what was globally known as a ‘people power revolution’. Democratic institutions continue to evolve and were strengthened. The passage of the Open Government and Freedom of Information policies were hallmarks of such institutional strengthening interventions. However, these practices are still relatively new and must be deepened and institutionalized, and sometimes even endangered. This chapter investigates the Philippine experience regarding efforts in instilling transparency and accountability in the government in line with the principle of public office is a public trust a fundamental principle of any democratic government. This study adopted the institutionalist perspective focusing on the role of formal and informal institutions in the analysis.

   3. Chapter 5. Open Government in a Non-democratic Context? Access to Information in Hong Kong

      Ahmed Shafiqul Huque, Wai Kit Cheng

      Abstract

      This chapter examines the development of open government in Hong Kong from an historical perspective. The focus is on the shift from British colonial practice to modern day ‘democratic’ practices and their implications for freedoms and access to information to hold the government accountable for its actions. Strategies, initiatives and their impact are reviewed.

   4. Chapter 6. State of Access to Information in the Context of Open Government in Malaysia

      Kevin Fernandez, Kuppusamy Singaravelloo

      Abstract

      The right of access to information will promote a better understanding of the decisions made by the government, increase citizen participation in the political process, and increase government efficiency. Access to government information will increase transparency, accountability, and public confidence in government. This chapter aims to provide an overview of the state of access to information as a tool for open government in Malaysia, including legislation and other structural barriers that prevent the full extent of ‘open’ government from being realized. This structural-functionalist analysis provides an overview of the convoluted relationships between laws, norms, and other embedded barriers that impede the full implementation of open government.

   5. Chapter 7. Twenty-Five Years of Freedom of Information in Thailand: An Empty Gesture?

      Patamawadee Jongruck

      Abstract

      Thailand is one of the Asian countries that took a progressive stance on the issue of open government, launching the Official Information Act B.E. 2540 (A.D. 1997). Taking stock of the 25 years since this act was implemented, this chapter will examine its impact on democratic governance in Thailand. Given the fact that the country experienced a military coup in 2014, and was under military rule until 2019, this chapter will also analyse how the dictatorial regime influenced the implementation of this act. Supporting data will be gathered from documentary research and in-depth interviews.

   6. Chapter 8. Open Government Data and Smart Nation in Singapore

      Chengwei Xu, Chung-An Chen

      Abstract

      The government collects and maintains large quantities of data which has become a valuable asset for both citizens and businesses. Disclosing government data has been trendy given its significant role in holding the government accountable and contributing to socioeconomic development. Under the era of Industry 4.0, opening public sector data becomes even more critical in promoting innovation and competitiveness. Singapore started to digitalize public services in 1981. As part of its smart nation strategy, Singapore has made most public data available at data.gov.sg or other public bodies’ websites since 2011. Nevertheless, opening data practices seem not to be driven by public demand but rather decided by the government about what information to be disclosed. And Singapore has yet to have a law to secure the freedom of information though some citizens have called for the introduction of a Freedom of Information Act. This chapter first evaluates the progress of Singapore’s open government practices in the context of smart nation-building. Then, using data collected in the World Values Survey 2020, it examines whether the public is satisfied with open government practices and how it impacts citizen participation and public trust in Singapore.

   7. Chapter 9. Right to Information Law and Open Government: The Indonesian Experience

      Noore Alam Siddiquee

      Abstract

      As corruption has remained one of the biggest hurdles to good governance in Indonesia, as elsewhere in the region, strengthening public access to information is seen to foster transparent and accountable government. It is in this context the enactment of Freedom of Information (FoI) Law in 2008, which became operational in 2010, is a landmark in Indonesia’s march toward good governance and democratic consolidation. The law mandates public agencies to disclose all public information, and it also gives the citizens rights to seek and obtain such information. However, after more than a decade of its implementation, the effectiveness of the law remains questionable. This chapter reviews Indonesia’s experience with the FoI law, highlighting its distinct features, progress made to-date, implementation issues and challenges that serve as major impediments to Indonesia’s quest for an accountable and open government.

   8. Chapter 10. Open Government Information in China: Review and Assessment

      Zhibin Zhang

      Abstract

      Since the promulgation of the Regulations of the People’s Republic of China on Open Government Information (ROGI) in 2007, China has adopted the Open Government Information (OGI) policy for 15 years. The existing literature, however, still lacks a synthetic and systematic assessment of OGI’s impact on China’s governance. This chapter aims to address this gap. Based on an in-depth review of the historical development of OGI in China, and drawing data from the subnational units, this study offers a comprehensive evaluative examination on how the implementation of the ROGI has driven the enhancement of transparency, participation, and accountability in China’s governance process. The OGI initiative represents China’s recent efforts to reinvent its governance model, which is indeed different from those in the West, yet yielding similar and even more far-reaching governance outcomes.

4. South Asia

   1. Frontmatter

   2. Chapter 11. Integrating Social Equity into Right to Information and Access to Information Laws and Policies: Drawing on the Indian Case

      Jeannine E. Relly, Md. Fazle Rabbi, Himanshu Jha, Rajdeep Pakanati, Meghna Sabharwal

      Abstract

      India was a global leader in crafting Right to Information legislation, placing social equity at the center of the national law adopted in 2005. The law ensures that underrepresented citizens have public information access for free and that assistance is provided to requesters with vision issues or who are unable to read. More than 15 years after the law was adopted, data demonstrate the institutional innovations and challenges over time with implementing a socially equitable law. Using the case of India, this research builds on a framework of inclusive policymaking and administration to propose an ‘ideal-type’ equitable environment for information suppliers and requesters. This study utilized datasets from two field studies: one dataset included in-depth semi-structured interviews with 69 study participants in 17 cities and towns across India. The other dataset was a case study in the state of Bihar. We argue for why social equity should remain a focus in the writing of legislation and policies related to information rights in democratic countries, such as India, and how public participation in the process can work toward inclusion goals. In building our framework for social equity-centered information rights-based legislation and implementation, we examine historical constraints to openness and other barriers to entry and potential ways of addressing these issues. We argue for political leadership in this area, social equity as a pillar of public administration, introspective and reflective administration, and administration-society linkages in the India case and beyond. Our overarching research questions addressed to what extent marginalized individuals are included in the process of requesting information under the Right to Information Act (RTIA). What barriers, if any, have kept this accountability institution from working in disadvantaged communities of citizens? How has the Right to Information movement played a role in advancing information rights for marginalized people?

   3. Chapter 12. Lifting the Shroud of Secrecy: State of Open Government and Information Access in Bangladesh

      Habib Zafarullah

      Abstract

      The chapter examines the right to information in Bangladesh as a central element in the open government paradigm. It evaluates the state of transparency, accountability, inclusive policymaking, participation, collaboration, public integrity, and the use of technology in advancing openness in governance and align these with policies, strategies, and practices in accessing public information by citizens to make the government accountable.

   4. Chapter 13. Quest for Democratic Governance in Nepal: The Relevance of Governance Legitimacy and Capacity

      Ishtiaq Jamil, Narendra Raj Paudel

      Abstract

      Nepal has unique experience of transforming its government more open from the time of party-less Panchayat system to multiparty system in the unitary system of governance since the 1990s and thereafter from the unitary to the federal system since 2015. The mixed experience of open government due to changes from unitary to federal governance structure has led to increased interest to understand its efficacy in the transformational stages of a newly formed federal system in Nepal. The main objective of this chapter is to examine the open government system before and after the introduction of federalism in Nepal. Particularly, the focus would be the general and local election system to assess citizens’ participation in the democratic system. In this regard, inclusion of different sectors and interests will be discussed to find out the degree of representativeness in the democratic governance system, at the same time, analyzing political accountability and disaster, epidemic, and crisis management. The chapter is based on focused group and key informant interviews. Despite promises of democratic governance as pledged during elections and the new federal system, the nature of governance is still hierarchic and exclusive. This has led to top-down and authoritarian crisis management such as the Covid 19 management. It addresses such questions—Does societal culture impede practices of open government despite the introduction of formal institutional rules and procedures?

   5. Chapter 14. Open Government and Freedom of Information: The Sri Lankan Experience

      Kishali Pinto-Jayawardena, Ashwini Natesan, Inshira Faliq

      Abstract

      The Sri Lankan Right to Information Act emerged after years of tireless campaigning and lobbying by civil society activists, media organizations, journalists, and lawyers. This concerted effort has endowed the Act with exceptional features, making it one of the most robust legal frameworks globally. Its resilience has been evident in the face of recent political turbulence in Sri Lanka. Over the past 6 years, this legislation has granted citizens the long-awaited authority to scrutinize their government, actively participate in decision-making, and exercise their rights as engaged citizens. This chapter provides a comprehensive overview of the provisions within the RTI Act, specifically those relevant to the Open Government Partnership (OGP). It highlights the procedural mechanisms enshrined in the Act that contribute to a robust RTI regime. Additionally, the chapter critically examines the diverse commitments of the OGP framework across broad categories, using RTI Orders as a lens, while also considering existing limitations and challenges.

5. Middle East

   1. Frontmatter

   2. Chapter 15. An Analysis of Digital Transformation in Public Organizations: The Case of the United Arab Emirates

      Abu Elias Sarker, Mohammad Habibur Rahman, M. Rezaul Islam

      Abstract

      Digital transformation signifies the adoption and implementation of digital technologies in solving wicked problems pertaining to public services. Digital transformation is a holistic approach that causes significant changes in organizational or societal, service logics, structures, and values. Some glimpses of digital transformation can be noticed in recent governmental responses to the unprecedented economic, social, and health crises emanated from the Covid-19 pandemic. The purpose of this chapter is to explore the dynamics of the digital transformation in public organizations in the United Arab Emirates. To begin with, it will highlight the developments of ICT applications such as artificial intelligence (AI), block chain and internet of things (IoT), and its implications for public service delivery. In addition, this chapter will discuss in detail the outcomes such as service delivery effectiveness, open government, transparency, participation, and so forth. Furthermore, it will reflect on the challenges of the digital transformation journey in the socio-economic and political contexts of the UAE.

   3. Chapter 16. Assessing the Quality and Usability of Open Government Data Portals in the GCC Constituents

      Stuti Saxena, Charalampos Alexopoulos

      Abstract

      One of the ramifications of Open Government relates to the provision of datasets regarding the public activities for public re-use and value creation—a phenomenon addressed as Open Government Data (OGD), Open Public Data (OPD) or Public Sector Information (PSI). Many countries have rolled out OGD initiatives thereby providing datasets that are free of cost (in most cases), available in user-friendly formats, license-free, and amenable to statistical interpretation. Extant literature on OGD initiatives has unraveled the drivers and barriers pertaining to the roll out and implementation of these initiatives. The present study seeks to provide an overview of the OGD initiatives of the GCC countries (Gulf Cooperation Council including Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates (UAE)) by assessing the quality of the datasets made available through their online portals. For this purpose, benchmarks for assessing the quality of the OGD portals as identified in the extant literature have been referred. The study shows that the OGD initiatives across the GCC need to be improvised for proper re-use and value creation by a diverse set of stakeholders (citizens, journalists, farmers, entrepreneurs, academia, and the like). For the roll-out and implementation of their OGD initiatives, the GCC governments need to muster the necessary political will and ensure that the concomitant infrastructure is in place. The study concludes with practitioner implications and future research pointers. The study’s originality lies in the sense that a comprehensive assessment of the quality of OGD portals has not been conducted so far with respect to the GCC constituents—the present study seeks to add to the existing literature by plugging this gap.

6. Epilogue

   1. Frontmatter

   2. Chapter 17. Conclusion: Recap and Recommendations

      Noore Alam Siddiquee, Habib Zafarullah

      Abstract

      In this concluding chapter, the editors highlight the lack of scholarly literature on the experiences of Asia and the Middle East with transparency and accountability, specifically Open Government (OG) and Freedom of Information (FOI). By documenting and analyzing the development of OG and FOI in selected countries, the collection aimed to fill the void in the literature and contribute to the understanding of the global OG movement. Through 13 country and regional cases, the collection highlighted the nature of OG and FOI initiatives and their impact on democracy and good governance. The region is undergoing a transformative period, characterized by varying contours and paces, with the overarching elements of this change being the use of FOI/RTI to strengthen OG and the utilization of ICT to enhance citizen access to government data. It proposes areas for future research.

7. 18. Correction to: Open Government and Freedom of Information: The Philippine Experience

   Alex Bello Brillantes Jr., Cliff Ransom Wendell B. Lilangan, Karl Emmanuel V. Ruiz

8. Backmatter