Open Government Becomes Legal Requirement

In a bid to make government more transparent, Kyrgyzstan has introduced a law guaranteeing access to information. NBCentralAsia commentators say the success of the scheme will depend on whether existing legislation can be modified to fit the more open approach.



The Law on Guarantees of Free Access to Information Held by State Bodies and Local Government, as it is formally titled, was passed by parliament on November 14. It stipulates that citizens can freely access any information that is not a state or commercial secret. In addition, anyone can attend meetings at all levels, including government meetings attended by the Kyrgyz president.



In addition, the law follows international standards by permitting foreign nationals and stateless persons the same level of access.



The law, which will come into force once President Kurmanbek Bakiev signs it, has been welcomed by analysts and commentators, who see it as a progressive move.



Jamila Nurumbetova, an expert adviser with the Civil Service Agency, says Kyrgyzstan is one of the first countries in the Commonwealt of Independent States to pass such a law. As taxpayers, Kyrgyz citizens have a right to find out about the work, expenditure and overall performance of government bodies, she said.



She warned, however, that “its effectiveness will depend on the extent to which existing laws and regulations are revised to comply with this new legislation, and also on the mechanisms for implementing it”.



Kurmanbek Osmonov, the chairman of Kyrgyzstan’s Supreme Court, also sees a need to change related legislation, “from the law on government down to the laws on local municipal administration and the rights and freedoms of citizens”.



Edil Baisalov, the leader of the NGO Coalition for Democracy and Civil Society, regards the new law as a major step forward in creating greater transparency and democracy in government. But it will take political will on the part of the cabinet and other institutions of state to make the law work properly.



Baisalov recommends using modern technology such as the internet to make information available swiftly and reduce the cost of running press offices.



In addition, he believes non-government groups need to become more proactive in engaging with government. “Until civil society becomes more persistent in demanding transparency from government institutions, they will continue working in the same manner as they do now.”



(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)