WILLEMSTAD – How much government information should Curaçao residents be able to obtain without first having to formally ask for it? That is one of the questions Fundashon Kòrsou Transparente (FKT) wants the government to answer as it raises concerns about the practical implementation of Curaçao's public information legislation.
The issue goes beyond the processing of individual information requests.
According to FKT, Curaçao's National Ordinance on Public Access to Government Information (LOB) also establishes a role for proactive disclosure, under which government authorities make relevant information concerning policymaking, preparation and implementation available on their own initiative.
FKT is seeking information about how extensively that obligation is being applied in practice.
In a request submitted to the Minister of Governance, Planning and Public Services on July 23, the foundation asked what information the government currently publishes proactively and how citizens can access it.
It also asked to what extent the principle of government information being open unless there is a legitimate reason to withhold it forms part of Curaçao's transparency policy.
The questions could have practical implications for residents, journalists and organizations attempting to scrutinize government decisions.
Information released proactively reduces the need for individuals to submit separate formal requests and can provide the public with greater insight into how policies and government decisions are developed and implemented.
FKT's request also sought statistics on the functioning of the LOB system itself, including the number of requests received annually, approval and rejection rates, compliance with statutory deadlines and subsequent objection and appeal proceedings.
The organization says none of those questions has yet been answered.
FKT sent a reminder on August 24 after the original request remained unanswered. According to the foundation, it has received no response to that correspondence either.
The situation comes as countries around the world prepare to observe the International Day for Universal Access to Information on September 28. The United Nations established the international observance in 2019 to emphasize the importance of access to information.
For Curaçao, FKT says the occasion should also provide an opportunity to examine whether existing transparency rights are working effectively in everyday government administration.
The unanswered request leaves several basic questions unresolved, including how frequently Curaçao's government meets LOB deadlines, how often requests are refused and what obstacles government departments themselves encounter when processing applications.
Those figures could provide a clearer picture of whether Curaçao's legal right to government information is functioning as intended or whether improvements are needed in its practical implementation.