COB professor: Fix flawed FOIA

Thu, Oct 23rd 2014, 11:00 PM

Lisa Benjamin, associate professor of The College of The Bahamas' (COB) Bachelor of Laws program, yesterday urged the government to make the stalled Freedom of Information Act (FOIA) a top priority for the economic and environmental benefit of the country.
Speaking with Guardian Business, Benjamin highlighted the significant impact such legislation would have on the private sector and foreign direct investment (FDI), in addition to the environmental benefits generated by a FOIA.
"It's important in private industry that you know what the government's plans are so that you can plan economic development in an open, transparent, and accountable way.
"It's important not only for foreign direct investment, but for the Bahamian people themselves. We should know where the country's going. You only build trust within government when government is open and accountable to its own people," said Benjamin.
She recently participated in the COB-sponsored Our Right to Know lecture series, which focuses on raising local awareness in regards to environmental law and policy issues.
Benjamin joins a growing list of voices advocating further government transparency to keep pace with other countries in the region.
There's a new regional push for Latin America and the Caribbean to actually pass a regional instrument on public participation, freedom of information and environmental justice.
The Bahamas Chamber of Commerce and Employers Confederation (BCCEC) earlier this month urged the government to participate in the Open Government Partnership (OGP), and 65-member organization designed to promote government accountability.
Chamber officials argued that the move would be seen as an encouraging sign to potential investors that The Bahamas is taking steps to modernize its government. The Chamber has submitted its recommendation to the government.
A number of countries in the region have already adopted FOIAs, including Trinidad and Tobago, St. Vincent and the Grenadines and Jamaica.
"There's a strong movement happening in the region and The Bahamas should be part of that," stated Benjamin.
The previous administration drafted a FOIA in 2011, which was passed, but has not been brought into force.
During Wednesday night's panel, retired Justice of The Bahamas Supreme Court Jeanne Thompson and Callenders & Co. Associate Dawson Malone outlined the "deficiencies" of the act, which include undefined public interest and extensive ministerial powers to block requests for information.
Speaking of the existing bill, Benjamin stated: "It leaves a lot of discretion within the minister and it negates your right to actually appeal and have a judicial remedy if you challenge that decision. So there are some deficiencies within the act itself."
"Freedom of information has implications across all of Bahamian society, through business, environmental and social issues. What it would do is make the government more accountable and transparent to its own people," she said.
The next lecture in the Our Right to Know series will be focused on the Environmental Protection Act (EPA) and is currently scheduled for November 20 at COB.

Click here to read more at The Nassau Guardian

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