| Timor-Leste: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 45 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
|
||||||||
|
Comments: References: Constitution of RDTL, article 40
Peer Review Comments: No Freedom of Information legislation has been yet enacted.
|
||||||||
| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
|
||||||||
|
Comments: There is no organic law responding to this issue, though Indonesian law provides for this. Except for the Constitution, ET has a number of limitations established by organic laws for specific issues. This is progressing at the parliamentary level as well as at the government level. References: Interview with Dr. Christopher, director of LABEH, at his office, on 10 July 2007
Peer Review Comments: There is no Freedom of Information Law.
Peer Review Comments: It would be helpful to know what the Indonesian law says on the matter prior to answering this question.
|
||||||||
| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
|
||||||||
|
Comments: Normally, the laws that passed and some of the institutional regulations were published on the web site of the government, as well as in a bulletin specifically related to laws and decrees. This is called "Jornal de Republika." To request government information not otherwise published, a request needs to be cleared with the designated authority. Authorization from upper levels might be needed, depending on the sensitivity of the information requested. References: Interview with the deputy of procurement office, Joao Coimbra, at his office, on July 2007
Peer Review Comments: It may be useful to specify the type of documents that can be accessed. I would doubt that there are clear mechanisms in place to receive documents other than laws that have been passed. Also, what does the Indonesian law say about this?
|
||||||||
| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
|
||||||||
|
Comments: Some documents were certainly sensitive and remain inaccessible to the public. Some information related to corruption is on hold and cannot be request by a CSO or NGO. References: An interview with Dr. Francisco Guterres, head of TIDS, an intellectual currently appointed as the secretary of state for defense, at his office, on 2 July 2007
Peer Review Comments: I would add that in general, even where mechanisms exist, these may not be followed for lack of knowledge about the regulations. Individuals have a tendency to create their own rules. Some documents are regularly published (such as new laws) and so easier to access, although they may not be accessible in a language other than Portuguese, as translation services are not sufficient.
|
||||||||
| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
|
||||||||
|
Comments: There are laws published under our mandate, and access is not for free. However, you can access and get some copies if this is needed for a clear reason. There is also a journal called "Jornal de Republica," which contains laws passed and which published and available at some cost. Eventually, the internet will be another source, but it is hard for the public to access it due to literacy rates and cost. Requests for non-published government information require more time, and the government uses greater discretion and may delay or deny such requests. References: Interview with Joao Coimbra, deputy of the procurement office, in his office, on July 2007
Peer Review Comments: Attempts to access public documents, with the exception of some laws that can be found on-line, will require visit(s) to a responsible authority and will likely take time and persistence. I am not aware of charges for documents -- formal or otherwise.
|
||||||||
| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
|
||||||||
|
Comments: There were number of backlogs. Issues were handled based to importance and priority given by the agency. Some of cases related to corruption reports were set aside and dropped after they sparked political interest. References: An interview with Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
|
||||||||
| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
|
||||||||
|
Comments: As mentioned before, appeals can be made only if there is a strong interest behind the request; politically sensitive requests face greater obstacles. References: An interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
Peer Review Comments: The comments provided do not directly address the question regarding cost.
|
||||||||
| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
|
||||||||
|
Comments: References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007
|
||||||||
Global Integrity uses a