the world’s most comprehensive disclosure laws. Most Latin Ameri-
can countries have a right to information included in their constitu-
tion, although these generally have not been either implemented or
enforced. But in 2004, the presidents and prime ministers of the
Americas committed themselves to providing the legal framework for
implementing the right to information.15 More than half a dozen Cen-
tral and South American countries have disclosure laws, and enabling
legislation is being debated or considered in almost all countries in
Central America and the Caribbean as well as South America, with
the notable exceptions of Cuba and Venezuela.16 The case is similar in
Africa, where a number of countries include the right to information
in their constitutions, and more than three years ago the Declara-
tion of Principles on Freedom of Expression, reaffirming the African
Charter on Human and People’s Rights, provided a similar mandate
to heads of state. However, only a handful of African countries, most
notably South Africa, have passed or are even considering relevant
legislation. And around the world, the efficacy of the whole panoply of
laws, rules, and voluntary standards remains very much in question.
Plan of the Book
The chapters in this book paint a vivid portrait of how transparency
has evolved over the past few decades, where the world now stands,
and what issues are likely to be confronted in the ongoing struggle
between secrecy and disclosure. They show that the transparency
picture is quite mixed. Information access is certainly more wide-
spread now than it was several decades ago, but we are far from liv-
ing in a truly transparent world, and some trends, particularly in the
security field, may point toward a more secretive future.
We begin with a series of detailed case studies of how and why
information-access laws came into being in several countries and
regions, of particular interest for the lessons they can teach the rest
of the world. One such case study is India. Unlike nearly every other
country’s campaign for greater access to information access, spear-
headed by middle-class professionals, India’s drive was fueled from
the grassroots up. Other actors—not least an impressively indepen-
dent Supreme Court—have played vital roles. But Shekhar Singh
shows that the chief lesson from India is how some of society’s most
10 introduction: the battle over transparency
marginalized voices can effectively demand the information they
need to protect their most basic rights.
China presents a very different perspective, with the transpar-
ency trend driven from the top. Hanhua Zhou provides an insider’s
perspective on how the government’s push to modernize its econo-
my has led to reforms aimed at increasing openness at many levels,
from village affairs to national legislation. Jamie Horsley gives us an
outsider’s take on why China is evolving as it is, and what special
considerations arise when a nondemocratic regime attempts to ride
the transparency tiger.
Ivan Szekeley’s overview of Central and Eastern Europe pulls les-
sons from a region that has undergone a dramatic transformation in
the past two decades. His chapter shows that the region presents in
microcosm a whole slew of issues relevant to information access: de-
mocratization; the role of intergovernmental organizations; the role
of business; the importance of learning from one country to another;
the conflict with traditional conceptions of security; the special atten-
tion often given to information about the environment; and the dif-
ficulties of implementing laws on information disclosure, especially
when those laws are not designed with implementation in mind.
Ayo Obe’s chapter on Nigeria affords a cautionary tale about how
difficult it can be to bring about passage of access to information
legislation. Nigeria is a hard case for reasons common to many coun-
tries: pervasive corruption; the general lack of public outrage over that
corruption in a country whose wealth is based on natural resources
that most citizens do not feel they own; the colonial heritage of secre-
cy and ethnic divisions. Nonetheless, a small but active constituency
is pushing hard for greater transparency.
The book then turns to several thematic chapters. Of course,
the simple passage of a law does not guarantee public access to gov-
ernment information, as the chapter on implementation by Laura
Neuman and Richard Calland makes clear. The successful imple-
mentation of a transparency law requires a number of supporting
institutions: the bureaucratic apparatus to store information and
process access requests, watchdog groups to pressure the govern-
ment to keep its commitment to access, and legal institutions to
uphold the access law. Without each of these, information access can
easily be stifled even with the best laws. The chapter points to a num-
ber of examples drawn from Latin America, which is not otherwise
introduction: the battle over transparency 11
just after the turn of the century, however, the adequacy of Ameri-
can-style corporate financial disclosure was again in doubt. When
the twenty-first century began, Enron, then the seventh largest U.S.
company, enjoyed an extraordinary reputation for innovation and
success.11 But shortly thereafter, its long-masked internal financial
shenanigans came to light, leading to its collapse. The machinations
of corporate insiders at such scandal-ridden firms not only deprived
millions of shareholders (and employees) of savings and retirement
benefits but also may have contributed substantially to the global
meltdown of financial markets.12
The damage showed that the much-vaunted American model
of disclosure-based corporate financial regulation had failed to keep
up with the times. The U.S. Congress moved rapidly to patch up the
regulatory framework, enacting the Sarbanes-Oxley Act. That law,
among many other things, requires the chief executive officer and
the chief financial officer of publicly traded firms to sign off on audit
reports personally and tightens standards for what financial infor-
mation must be publicly disclosed.13
As of this writing, the fallout continues. The two top Enron of-
ficials charged with the massive fraud that brought the company
down were convicted on most charges in May 2006. Sarbanes-Oxley
remains a bone of contention, with some in the business commu-
nity complaining of arduous compliance costs.
The United States is also at the center of renewed debate over
the relationship between secrecy and national security. Civil libertar-
ians, transparency activists, and increasingly members of both politi-
cal parties contend that the Bush administration has reversed long-
standing trends toward greater openness in that country, even to the
point of secretly reclassifying vast quantities of documents already
in the public record.14
In short, early twenty-first century transparency is in a state of
flux. The traditional proponent of transparency, the United States, is
sending very mixed messages to the rest of the world. Nonetheless,
dozens of countries are pushing ahead with new disclosure laws and
regulations that apply not only to the public sector but increasingly
to the private sector as well.
In Asia, even the one-party state in China has taken significant
steps toward greater governmental disclosure, and India’s revised na-
tional freedom of information law, passed in 2005, stands as one of
introduction: the battle over transparency