The Bahamas government's Freedom of Information Bill falls short of a true surrender of control over information to the public...

The public must defend its right to know - now more than ever


By PACO NUNEZ
Tribune News Editor

Nassau, The Bahamas



Opposition MP Fred Mitchell thinks the government's Freedom of Information Bill falls short of a true surrender of control over information to the public.

I couldn't agree with him more. Clogged with exemptions, restrictions and executive vetoes, the draft reeks of reluctance and caution.

Mr Mitchell is right to point out that even as it creates an independent Information Commissioner, the Bill undermines the position through the power it vests in the Cabinet minister responsible for government information.

The minister can overturn the commissioner's decisions, deem any category of information exempt from release, and all his decisions are final, as the Bill stipulates that "no judicial proceedings or quasi-judicial proceedings of any kind shall be entered in relation thereto."

But what did Mr Mitchell really expect?

Only in the last 50 years and on the heels of a global surge in demand for "open government" have unenthusiastic politicians around the world been forced into passing such laws.

Still, even the most liberal Freedom of Information Act (FOIA) out there restricts access far beyond what is strictly necessary - the preservation of national security and the protection of privacy rights.

It isn't hard to see why. Former British Prime Minister Tony Blair called the FOIA he passed in 2000 the "biggest mistake" of his career.

"For political leaders, it's like saying to someone who is hitting you over the head with a stick, 'Hey, try this instead', and handing them a mallet," he wrote in his memoirs.

More fundamentally, people who have power tend to dislike giving it up, and all politicians worth their salt know that information is power.

Take this general truth and add it to the particular culture of secrecy, confusion and evasion that pervades the public service in the Bahamas, and it seems obvious that no legislation brought by a local political party was ever going to qualify as cutting-edge.

But this much can be said for the FNM: they actually brought an FOI Bill before parliament as promised. The PLP had five years in office before 2007, and rather than advance the cause of the people's right to know, they managed to set it back several years with their constant attacks on the press and miserly attitude to releasing public records.

And, for all its shortcomings, the Bill still represents a huge leap forward for the Bahamas.

Take for example its stated object: "To reinforce and give further effect to certain fundamental principles underlying the system of constitutional democracy, namely: governmental accountability; transparency; public participation in decision making."

That a government would actually enshrine such principles in law in a country where an obstructionist bureaucratic ethos has persisted through centuries of British rule and almost four decades of independence - and where only a few years ago a senior official described transparency as "a fad" - is quite significant in itself.

Among the Bill's other positive aspects are:

* that those applying for access to government records would not be required to give a reason for their application.

* that when the arguments for disclosure and non-disclosure are equal, the authorities are mandated to rule in favour of disclosure.

* that the authorities must acknowledge receipt of every request and

respond within a specified period - in most cases, 30 days.

* that authorities are mandated to grant a request unless one of the exemptions listed in the Bill applies, and must explain their reasons for every denial.

* that the legislation has teeth - if a public servant is found to have altered or concealed a requested document, he or she faces a six month prison sentence and a fine of up to $100,000.

* that while significantly undercut, the role of the commissioner is nonetheless expansive, and includes the right to make recommendations for change within government entities, refer cases of criminal activity to the police, initiate his or her own investigation into any department's cooperation with the Act, and publicise the new rights members of the public would enjoy.

* that all government employees would be subjected to training on freedom of information, and each department would have an information manager to whom all requests and complaints can be directed.

Just imagine for a moment what all this could potentially mean in a system where most requests for information are greeted with silence, suspicion, or open hostility; where journalists are laughed at when they try to access public records, and citizens have to fight - sometimes for years - for land papers or legal documents that belonged to them in the first place.

And, there is one clause in the Bill that has more potential value than all these put together.

It concerns how whistleblowers would henceforth be dealt with, and is worth quoting in full: "No person may be subject to any legal, administrative or employment related sanction, regardless of any breach of a legal or employment-related obligation, for releasing information on wrongdoing, or which would disclose a serious threat to health, safety or the environment, as long as he acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrongdoing or a serious threat to health, safety or the environment."

Now this would indeed be revolutionary.

Until now, honest public servants have been cowed into silence by the fear - sometimes imagined but often very real - that they would be victimized or even prosecuted for speaking out.

If this clause convinces even one to come forward with evidence of corruption or mismanegment, it would have been worth the trouble, as it would have the rest of the public service looking over their shoulders.

As with all transparency laws, the point is not so much to create a system that identifies all past wrongdoers, so much as it is to demonstrate the potential for exposure, and thereby kickstart a gradual change in culture.

But for any of this to happen, proper enforcement is vital. Laws that aim to change ingrained attitudes must inspire confidence.

This is where we come in - the journalists, activists, academics, and concerned citizens who want to see this become a more open and transparent society.

We cannot rely on politicians, who could potentially have more to lose than anyone else under this law, to do it for us.

The Bill may give the new Minister of Information the final word on any particular disclosure or even access to whole categories of information, but we still have the last word on the immediate future of his or her political career.

After it becomes law in July of next year, each and every denied application that gives off the slightest whiff of frivolity or self-service should be denounced to high heaven, and the minister reminded at every opportunity that while the judiciary may not have a say when it comes to freedom of information, the court of public opinion does - now more than ever.

As always, The Tribune stands prepared to publicise any and all credible claims of unfair treatment under this law.

If a large enough segment of the public joins us in this commitment, the concerns about executive power identified by Mr Mitchell might actually serve as an advantage, in that they draw the battle lines for us - the public on one side, armed with exposure, and politicians and the public service on the other.

And, of course, if this approach doesn't work, Mr Mitchell and his colleagues say they fancy their chances in the upcoming election.

If they do win, I'm sure they'll move immediately to lessen the powers of their own Minister of Information.

* What do you think?

pnunez@tribunemedia.net

tribune242 Editorial insight

Bahamas Blog International

HURRICANE ANNA NICOLE WREAKS HAVOC IN THE BAHAMAS

Rough Cut
By Felix F. Bethel
“…cry havoc…”

Wednesday, 15 November 2006, 15:15

SUBJECT: HURRICANE ANNA NICOLE WREAKS HAVOC IN THE BAHAMAS

This cable describes how an eventful residency by the late model Anna Nicole Smith left several key institutions in the Bahamas in disarray and even managed to reinvigorate the country's media.

SUMMARY: Several months into her Bahamian residency, American B-list celebrity and regular entertainment television fixture Anna Nicole Smith has changed the face of Bahamian politics.

1. Not since Category 4 Hurricane Betsy made landfall in 1965 has one woman done as much damage in Nassau. Lying in disarray in her wake are Doctor's Hospital, the Coroner's Court, the Department of Immigration, local mega-lawyers Callenders and Co., formerly popular Minister of Immigration Shane Gibson, and possibly Prime Minister Christie's PLP government.

2. At the eye of a series of scandals over her Bahamian residency application and the death of her son, Anna Nicole has inspired a revitalized Bahamian media to take aim at a system that too often rewards the privileged….”

With this –then –as background; I speak of havoc and shame and rot and corruption to the core in this land that is mine.

Welcome to a corrupted, cruel place; a place where greed, slime and crime routinely cavort.

Take note that, with Christmas lurking in the shadows; and with my pocket as tight as ever –and with some of my children far, far away in countries far away from these troubled shores - I have today decided to take a kind of break from thinking about love affairs; my own creeping decrepitude – or for that matter, about Out East and the old days when I grew up young and green in one of yesterday’s fetid nigger-yards.

Happily, the break I take is liberally assisted by information coming my way from somewhere out-there in Cyber-Space; that same space that has allowed so very many Negroes to take a chance on losing even more of their hard-earned money to the magicians who own the so-called Web-Shops.

And so, the break I take concerns information purportedly coming from the United States Embassy; information involving some of this land’s most prominent citizens; and for sure, information that mesmerizes.

And since, I still remember what happened to Rodney Smith in the aftermath of his decision to rip off a speech made by John Sexton; I have decided to tell you [up-front and direct] that the words I quote are not mine.

1. The Anna Nicole affair has severely damaged Shane Gibson's political career, tarnishing one of the PLP's brighter stars. It also killed the Coroner's Court and may lead to changes in the laws allowing foreign property owners to obtain Bahamian residency.

2. Whether the scandals also determine the fate of the PLP in coming elections is still to be seen, but a newly energized media holding the government accountable will almost certainly make the campaign more difficult for the incumbent party. END COMMENT. ROOD

3. In Anna Nicole's wide swath of destruction, one entity has flourished -- the Bahamian media. At Post's quarterly media reception in October, a newspaper editor gushed about the increase in sales on days when Anna Nicole coverage is featured.

4. Not since Wallace Simpson dethroned a King and came to Nassau has an American femme fatale so captivated the Bahamian public and dominated local politics.

5. On August 11, Anna Nicole Smith filed for legal residency in The Bahamas as a result of her alleged ownership of a local home, pursuant to local immigration law permitting residence for persons owning homes of $500,000 or more. In September, the application was granted and Anna Nicole allegedly provided a $10,000 check directly to Immigration Minister Gibson at a meeting at her home.

6. According to Anna Nicole, Minister Gibson personally approved her residency permit on September 20. In response to concern over the timing of the approval -- residency approval typically takes years in the Bahamas -- Gibson and PM Christie sought to reassure the public. They said that Anna Nicole was treated as any other applicant, noting glibly that the Ministry of Immigration should not be criticized for "improved efficiencies in government for which it deserves praise."

7. (SBU) Gibson's protestations of distance with the matter were shattered by a prominent local law firm and a local gossip publication. Callenders and Co., the law firm that handled Anna's home purchase and residency application, said it delivered a $10,000 check from Anna Nicole directly to Gibson at Anna Nicole's residence, and that it communicated to Anna Nicole repeatedly on Minister Gibson's government cell phone.

8. The resulting public furor over Gibson's favoritism has been strong. Before Anna Nicole came to Nassau, Minister of Immigration Gibson enjoyed strong public support as a result of his aggressive anti-immigrant policies. His midnight raids of Haitian communities and restriction of residency options for Haitians was widely applauded by a Bahamian public fearful of losing Bahamian opportunities to illegal immigrants. The Anna Nicole scandal has recast Gibson as puppet of the privileged rather than defender of the common people of The Bahamas.

9. In response to the public outcry and mounting calls for Gibson's resignation, the Government promised a review of procedures in the Department of Immigration at the same time it fired back at Callenders and Co. for its role in the affair -- tactics that have brought criticism to others but have not helped turn the tide of public opinion.

10. During a November meeting with Poloff, an opposition Free National Movement Central Committee member gleefully reported polling in Gibson's parliament district foretold a clear FNM victory in coming elections. Local newspaper and radio feedback on Gibson has been brutal.

11. Even in the normally friendly Bahama Journal, Christie and Gibson have been roasted and a poll of the Journal's largely PLP readership showed 90% disapproval with Government handling of Anna Nicole.

11. At the heart of Gibson's problems is the fact that Anna Nicole received residency in a matter of days, when the process normally takes many months or years. His reported direct receipt of the $10,000 check for residency represents another flagrant violation of the normal process, leading to bitter denunciations of the whole process by which residency is granted to persons for buying property here.

12. Gibson and the PLP have not been the only victims of Hurricane Anna Nicole. Following the death of her son in Nassau's Doctor's Hospital on September 10, international media descended upon Doctor's Hospital, which carefully guarded Anna Nicole's privacy in the face of heavy criticism.

13. The quality of care at Doctor's came under fire for its treatment -- or more pointedly its complete lack of treatment -- of Anna Nicole's son while in Doctor's. For the record, Doctor's Hospital is regarded as the finest medical institution in the country and has enjoyed an excellent reputation among the expatriate community.

14. The criticism of the hospital was nothing compared to the criticism of the Bahamas Coroner's Court. The Court, which served to review death cases and determine cause, was under heavy fire for its inability -- or unwillingness -- to provide a cause of death for Anna Nicole's son.

16. It had yet to issue a statement when a US pathologist issued a report concluding that a toxic cocktail of drugs caused the death, leading to speculation that the government was protecting Anna Nicole from embarrassment by delaying its findings.

17. Before the Coroner's Court concluded its inquest, the government disbanded the inefficient Court and fired the Coroner…

There was even more, but suffice it to say – even now- I cry havoc at what the flunkies, lackeys, blood-suckers and pimps have made of this land that is mine.

Merry Christmas to all-a-yinna from Bettul.

December 23, 2010

The Bahama Journal

Bahamas Blog International