The right of citizens to freedom of information should be garanteed by law

National legislature lacks essential definitions, such “access to information,” “information of significant public interest;” moreover, there are neither set criteria, clearly defining what information falls under public-record standards, nor legal rights and guarantees for disseminating public-interest information. The latter is critical for strengthening government’s social responsibility and accountability.

According to Anton Artemyev, Chair of the Executive Council of Soros Foundation-Kazakhstan, the absence of the Law On Access to Information puts Kazakhstan behind in joining the Open Government Partnership, which urges participating states to voluntarily accept obligations to increase public-finance and government transparency, fight corruption and improve the quality of social services.

In this respect, Soros Foundation-Kazakhstan welcomes a parliamentary initiatie to draft a Law On Access to Information. According to the analysis of  the Canadian Center for Law and Democracy, the latest version of the draft law scores at 86 points out of 150. Should the law be passed in its current state, among the 93 countries surveyed, Kazakhstan would be ranked as the 43^rd. Furthermore, experts concluded that the current draft law has room for improvement with the further input from civil society.

Right to access to information neither limits to participation in government meetings, nor to citizens’ right to receive public-record information upon request. Online-media tools along with the development of Kazakhstan’s e-Government both create opportunities for boosting citizens’ participation in government regulation. On the other hand, increased state regulation of the Internet stifles people’s right “to freely search, receive and disseminate information” without an imposed risk of court prosecution. In Kazakhstan, where blogs and online chat-rooms have been legally equated to mass media, serious limitations for Internet freedom become even more apparent.

“Last year, public Internet cafes began to conduct video surveillance as well as to record visitors’ online-surfing details, which allow to track down everything – up to anonymous comments, written on official government blogs. Authors of an anonymous comment on the e-Government website were criminally prosecuted for defamation.  Such measures per se serve as a disincentive to utilize Internet as a platform for receiving and disseminating information. ” Artemyev said.

Soros Foundation-Kazakhstan will contribute to further development of open-dialogue initiatives between the government and civil society to promote the fundamental right to freedom of information.