IN THE summer of 2013 Wu Youshui sent an open government information (OGI) request to every provincial-level government in China. Mr Wu, a lawyer based in the eastern city of Hangzhou, wanted to know about the fines imposed on violators of the one-child policy. Each year provincial governments collect billions of yuan from couples who have too many children, but how this money is spent is not public knowledge. That leaves the system vulnerable to corruption, says Mr Wu. To expose misconduct and spur public debate, he used the legal mechanism of the OGI regulations, China’s version of a freedom of information act.
When the regulations took effect in 2008 it marked, on paper at least, the beginning of a profound change in how the Chinese government handles some kinds of information. A culture of secrecy had for decades been the mainstay of the authoritarian state. But in the modern era absolute opacity can cause discontent that threatens stability. The government’s failure to disclose information about the spread of SARS, a respiratory disease, in 2003 hurt its standing at home and abroad. A government operating in “sunshine”, as state media have put it, could regain citizens’ trust and, the party hoped, help ease tensions.
The OGI regulations set up two ways of accessing government information. Government offices at local and central level had to issue findings of interest, such as plans for land requisitions or house demolition. The information was to be published on official websites and community bulletin boards and in government journals. Departments also became answerable to citizens. A response to a public request had to come within 15 days. This created a new way for people to contact and monitor the government, says Jamie Horsley of the China Law Centre at Yale Law School. At the last nationwide count, in 2011, roughly 3,000 requests had been filed to central-government departments and 1.3m others to offices at the provincial level. Over 70% led to the full or partial release of information, on everything from pollution to food safety to the tax on air fares. “It is as if there has been a pent-up demand and now people are pushing for the information,” Ms Horsley says.
In an important case in 2012 the All-China Environment Federation, a non-profit organisation with links to the government, took an environment-protection bureau in Guizhou province to court. The bureau had twice failed to give a good answer to an OGI request about a dairy farm that was discharging waste. The court ordered the release of the information within ten days. Such rulings against government departments, once rare, are becoming more common. In 2010 the chance of a citizen winning an OGI-related lawsuit in Beijing was 5%, according to research from Peking and Yale Universities. In 2012 courts ruled with the plaintiff in 18% of cases.
On April 1st the State Council, China’s cabinet, issued new guidelines, requiring that officials pay more attention to disclosing information. The guidelines come as the government is curtailing freedom of expression online and in the press.
Inevitably, plenty of information remains off limits. Article Eight of the regulations says disclosure must not endanger state, public or economic security or social stability, an open-ended list that prompts utmost caution from compliers. State and commercial secrets—however vaguely defined—are out-of-bounds. Last June Xie Yanyi, a Beijing lawyer, applied to the public security ministry for information about the surveillance of citizens. He received a note saying such details were not covered by the law. China’s regulations are more restrictive than those elsewhere. In America a request in the public interest suffices. In China, people must prove a personal need.
Government departments, at all levels, still do not release everything they should. But Mr Wu, the lawyer, found they are less able to opt out without a good reason. Guangdong province’s Health and Family Planning Commission initially rebuffed his OGI request, saying “internal management issues” prevented compliance. Mr Wu tried again. On April 1st Guangzhou Intermediate Court ruled in his favour. The commission was ordered to reprocess his request. He awaits word of its decision.
via Freedom of information: Right to know | The Economist.
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