May 07, 2013
The issue of free flow of information must not be seen
as an intellectual luxury in a time of growing challenges facing Egypt. Rather,
the issue should be tackled as a component of a package of new orientations for
building a modern state.
Moreover, the implementation of a free flow of
information shouldn’t be considered as only a means to achieving democratic
transition, but rather it should be seen also as a tool that, when applied
seriously, should break down the barrier of mistrust between the citizen and
the state institutions.
International experiences suggest that creating a new
environment for the flow of information would create a win-win situation. The
current Egyptian context shows that the gains the Egyptian government would
achieve if it concretely enabled the flow of information would be huge.
My argument is that in applying such law, the cabinet,
which would implement this transformation, would have its name immortalized in
history as the force that managed to defeat the biggest challenge facing
Egyptian bureaucracy and remove the biggest obstacle to the success of
anti-corruption policies.
This government would also be the one that overcame
the biggest obstacle to building a system of monitoring and evaluation as the
basis for accountability, which wasn’t known to Egyptians for more than half a
century.
Furthermore, the issuance and applicability of a
modern law for a free flow of information would contribute to breaking the
isolation of the state and government. Such
law would build bridges of trust between the government and the citizen. It
would also bridge the gap between the government and blocs that suffer from
acrimonious relations with the state, such as intellectuals, media, and civil
society organizations.
By issuing such a law, the ruling regime would gain
credibility, which it badly needs. This law would also have a positive impact
on the investment climate, which currently craves any positive signals.
Since corruption would find its way to again penetrate
the system, such a law would also create a climate of transparency that would
protect the system from any aspects of corruption.
Some argue that creating a new climate characterized
by a free flow of information is impossible in a society in which some fixed
‘golden rules’ govern the government bureaucracy. These roles are:
1. Monopoly of information is a source of power;
2. Information shouldn’t be available except only when
needed;
3. Increasing the amount of information available to
citizens could be used against the government.
Such norms should be changed to:
1. Exchange of information is a source of power to
everyone;
2. Access to information is a right for the citizen,
and it’s a state’s duty to provide it;
3. Increasing the amount of information available to
citizens would increase their trust in the government and could be an indicator
for its success.
This shift in the culture of the Egyptian bureaucracy
is a very difficult matter because it collides with constant and consistent
interests, and also contradicts values deeply rooted in the Egyptian character.
For example, recalling selective proverbs and sayings
such as, “Sedition is dormant, so may God damn whoever dares awaken it,” would
force some people to refrain from providing information that they think would
cause controversy, even if that information is useful.
Also, the saying, “Ask about what doesn’t concern you,
and you are made to listen to something that isn’t pleasing to you,” may cause
some people to resent any request of information that reflects interest in
public affairs.
Sometimes, people recall the Quranic verse, “O you who
have believed, do not ask about things that, if they are shown to you, will
distress you,” (Surat Al-Ma’idah 5:101), and use it in a different context to
dismiss anyone who demands information that reflects mismanagement of
government projects.
Is there a glimmer of hope to bring about this
transformation?
The answer is yes. I have in mind two steps that are
reasons for optimism. The first is that the Ministry of Justice has prepared a
draft law on the free flow of information and invited experts, journalists, and
civil society organizations to discuss it.
While I have not read the content of these discussions
and didn’t participate in the meetings, I have read the proposed draft on the
ministry’s website.
Here are a couple of remarks I propose to those
responsible for formulation of the draft:
1. The draft law tackles two issues: the disclosure of
information by government institutions and the handling of official documents.
Without going into too much detail, I think that the integrated approach of the
subject deserves praise. The draft law in general is basically a leap forward,
and I hope it will not suffer negative amendments that would bring the draft
law back.
2. My main reservation is that the draft law didn’t
link between the issue of disclosure of information for government institutions
and the issue of information production itself, by which I mean the collection
of data through field surveys, which are among many constraints that hinder the
conduct of research in social science. We desperately need to collect more
information that can enable researchers in the field of social sciences to
understand the Egyptian character and many of the phenomena, which may undergo
changes without being monitored or explained.
Finally, the shift towards a climate in which
information flows smoothly requires good legislation, which appears to be
possible in light of the recent work that has been done in the Ministry of
Justice.
But legislative intervention should be seen as a
necessary, not sufficient, condition.
The crux of the matter is that, in order for the law
to turn into a practical reality, it should be accompanied by a package of
policies and programs that include institutional changes within the Egyptian
government at both the central and local levels.
It requires technical capacity building for workers
responsible for providing information. It also requires the appropriate use of
technology and raised awareness among citizens about the right to access
information.
It also requires the improvement of the quality of
data collection, the speed of issuing such information, and the maintenance of
accurate data collection
A journey of a thousand miles begins with a single
step, and I hope that the government would hasten its progress in this respect,
in which it would become the biggest beneficiary if it were to take the first
step.
Magued Osman is the CEO and managing
director of the Egyptian Center for Public Opinion Research, Baseera. This
article originally appeared in Al-Shorouk.