Freedom of Information Law for Cambodia
What is a Freedom of Information Law?
A freedom of information law provides citizens a legally enforceable right to access information regarding matters of public concern held by governments, public authorities, and in some cases private bodies and companies.
Adoption of Freedom of Information Laws
Countries throughout the world, including in Asia, are passing freedom of information laws in order to encourage government accountability to citizens, combat official secrecy, promote democratic principles and fight corruption. On a global scale, government, private, civil society and media stakeholders are joining together to advance the common goal of facilitating access to information that is in the public interest.
How Will Cambodia Benefit from a Freedom of Information Law?
In Cambodia, public information is customarily accessed through personal contacts rather than through clear mechanisms which encourages corruption. Gaining access to even basic information such as draft laws, regulations, national budgets, and policy papers is exceptionally difficult. The high level of secrecy surrounding the reasoning and justification for governmental decision-making is an obstacle to information sharing within government as well as between the government and other sectors.
In order for Cambodian citizens to fully participate in their country?s affairs, they must be able to access the official records, documents and papers of their government. This information serves as the basis for proper and informed debate about governmental actions. Providing public access to public information will improve the quality of government decisions and assist in the fight against corruption. A freedom of information law will protect Cambodian citizens against unfair decisions, promote justice, and lead to more equitable development.
Freedom of Information and the Cambodian Constitution
A number of important constitutional rights have to be implemented as more detailed legislation in order to give them practical application:
- freedom of expression, which includes the right to seek, receive and impart information and ideas
- the right to participate in political, economic, and social affairs of the nation.
Adoption of a Freedom Information Law would fill these gaps, strengthen these constitutional rights for and ensure that the Cambodian Constitution is upheld for all Cambodian citizens.
Existing Press Law
The current Cambodian Press Law provides rights for the press to access certain information but does not give a similar right to the general public. The Press Law also lacks proper mechanisms to enforce its provisions, such as a right of appeal to an independent body or consequences for public officials who refuse to provide information. A Freedom of Information Law addresses the rights of all citizens, including the press, to accesses and information and therefore will benefit from all sectors.
How to Get Involved
A campaign to pass a Freedom of Information Law in Cambodia has begun to draw together government, private, civil society and media sectors. This broad-based initiative will result in the introduction of Freedom of Information Law in the National Assembly. Your participation is essential to this important promotion of democracy in Cambodia. A Freedom of Information working group exists that is open to all sectors and your involvement is highly appreciated.
For more information, please contact:
Advocacy and Policy Program
Pact Cambodia
023-217820; 012-616616