Guide of Strategies and Mechanisms for Effective Public Management (GEMGPE) - Jamaica




Transparency and Access to Public Information

The Jamaican Constitution establishes the Auditor General's Department with the aim to promote transparency, accountability and best practices in Government operations and activities (Chapter VIII; Sections 120 to 122). In addition, the Vision 2030 Jamaica includes effective governance as one of the goals stating "strengthen the process of citizen participation in governance", which focuses on creating frameworks to ensure accurate and accessible information in order to enable participation of citizens; on identifying and improving channels for producing, accessing and sharing information and providing feedback. In 2010, the Public Sector Modernization Division of the Cabinet Office developed the Accountability Framework which outlines responsibilities of senior executive officers. The Framework focuses on a government-wide accountability as well as 2) an individual accountability.

Similarly, the Constitution, in its Chapter III (Protection of Freedom of Expression), stipulates that "every person, regardless of race, place of origin, political opinions, colour, creed of sex, is entitled to certain fundamental rights and freedom". The said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, and freedom form interference with his correspondence and other means of communication (Section 22 (1)). Jamaica passed the Access to Public Information Act whose objective is to "reinforce and give further effect to certain fundamental principles underlying the system of constitutional democracy, namely, governmental accountability; transparency; and public participation in national decision-making." This Act establishes the Access to Information Unit whose principal function is to lead and conduct the implementation and administration of the Act.

1. Auditor General's Department

The Constitution establishes the Auditor General's Department with the aim to promote transparency, accountability and best practices in Government operations and activities (Chapter VIII; Sections 120 to 122).

The Auditor is appointed by the Governor-General by instrument under the Broad Seal (Section 120). The Financial Administration and Audit Act stipulates responsibilities of the Auditor General which include ensuring: public accounts are faithfully kept (Section 122); procedures in place to check the assessment of the revenue and other receipts of the Government; payments with public money are in keeping with their original purpose as intended by Parliament; records are kept regarding Government property; effectiveness of programmes and services is measured (Section 25 (1) (f)); reporting suspected case of irregularity (Section 26).

Each department has its own system of internal audits to examine financial transactions and accounts of the department (Section 34 (1)). The officer stationed in a department makes quarterly reports to the Financial Secretary.

When carrying the responsibilities, the Auditor General has the right to access information in all formats managed by any Government officer and can summon and question/interview a public officer on the topic of the issue and receipt of government resources. If the requests of the Auditor General are not met, this could result in sanctions imposed on the Government officer.

2. Access to Information Unit

The Access to Information Unit, an institute under the Office of the Prime Minister, was established in order to lead and conduct the implementation and administration of the Access to Information Act 2002 (ATI Act). The ATI Act grants everyone the legal right to view or receive copies of official documents held by government bodies. Also, it is possible to request to modify some information regarding to yourself if it is incomplete, misleading or out of date.

The primary objective of the Unit is to give training and orientation for government entities on how to digest, interpret and implement the Access to Information Act. This governmental body is also in charge of monitoring the treatment of applications and this process is summarized in reports, which are published on the Unit's website on a quarterly basis. Other objetives of the Unit is to identify and address challenging issues arising from implementation of the ATI Act; provide policy recommendations on how to address these problems; monitor compliance with the ATI Act and provide guidance and advice for the public and Government Bodies; and educate the public on their rights and obligations under the ATI Act.

3. Jamaica Information Service (JIS)

The Jamaica Information Service (JIS), previously known as the Government Public Relations Office (GPRO) until 1963, then as Agency for Public Information (API) from 1974 to 1980, aims to distribute information that will reinforce public awareness and magnify knowledge of the governmental programs and policies via media services. The JIS has as vision "to be the Agency of choice for credible Government and national information, cutting edge media services and employment, while maintaining the full confidence of all Jamaicans." This institute is an Executive Agency: semi-autonomous governmental body. It remains as a part of government but has more responsibility for its own management and performance.

1. Accountability Framework

The Government initiated reviews of the accountability framework and in 2008; the Government produced a report for non-publication titled "Strengthening the Accountability Framework for the Public Sector in Jamaica, A Comparative Analysis of Accountability Mechanisms (Jamaica and Canada)". Two years later, the Public Sector Modernization Division of the Cabinet Office developed an accountability framework which outlines responsibilities and expectations of senior executive officers. The Division also published a framework document with emphasis on the Canadian model of accountability, entitled: "Accountability Framework for Senior Executive Officers (Permanent Secretaries, Chief Executive Officers of Executive Agencies and Public Bodies)". The Framework focus is twofold; first is a government-wide accountability which includes how and what instruments are in place for Government policies to ultimately be converted into institutional actions; second is the individual accountability which entails measuring the performance of public servants and rewarding or sanctioning accordingly as mentioned in the PMAS. The document also looks at Government's senior executive officers accountability arrangements.

2. Review of Access to Information

A review of the Access to Information Act (ATI Act) is a program scheduled for every two years which aims to reduce the number of exempt documents in order to guarantee and grant citizens more access to government information. The last bill to amend the Access to Information Act was completed and reviewed by Cabinet in 2012. 

3. Vision 2030 Jamaica

The Vision 2030 Jamaica is a throughout program for national development that covers almost every aspect of Jamaican society; from health to green economy. This plan includes effective governance as one of the goals stating "strengthen the process of citizen participation in governance" as national strategy 6-1, which focuses on creating frameworks to ensure accurate and accessible information in order to enable participation of citizens; on identifying and improving channels for producing, accessing and sharing information and providing feedback.

The Access to Information Act (2002)

The Access to Information Act of Jamaica was passed on the 28th of June, 2002 and was published on the 11th of July, 2002. The Act aims to "reinforce and give further effect to certain fundamental principles underlying the system of constitutional democracy, namely, governmental accountability; transparency; and public participation in national decision-making," by granting access to public information held by public officials (Section 2). According to the Section 6, "every person shall have a right to obtain access to an official document, other than an exempt document" and no one is obligated to provide any reason for the information request.

The official documents are referred to those in possession, custody or control of a public authority such as a Ministry, department, Executive Agency or other agency of Government; a statutory body or authority; a Parish Council; the Council of the Kingston and St. Andrew Corporation; any government company which is wholly owned by the Government or an agency of Government, or in which the Government holds more that 50% shares (Section 3).

Nevertheless, it is important to emphasize that this Act, according to its Section 5,  does not apply to the Governor-General, the judicial functions of a court, any office connected with a court, any security or intelligence services concerning to collect strategic or operational intelligence, and any lawful authority as the Minister may specify to approval by a resolution. In addition, Part III of the Act classifies documents that are exempted from disclosure, which are documents affecting security, defense or international relation; Cabinet documents; documents relating to law enforcement; documents subject to legal privileged; documents affecting national economy; documents revealing Government's deliberative processes; documents relating to business affairs; documents relating to heritage sites; affecting personal privacy.

Personal privacy is protected when the requested documents are considered prejudicial to personal privacy, meaning information related to personal affairs of a living or dead person are exempted from disclosure unless the application is made by the person to whose affairs the document relates (Section 22). In case of incomplete, incorrect and not updated or misleading personal information; or that has been used, is being used or in available for use by a public authority; a person can seek habeas data (Section 24).

When an applicant requests access to an official document, this may be subjected for an internal review of a decision by a public authority. The petition for access to public information might be refused; granted only to some of the documents specified in an application; deferred the grant; charged a fee for action taken (Section 30). If internal review is not made within thirty days after the date of receipt of the application or the decision taken on such a review is not satisfactory, a person may lodge an appeal to the Appeal Tribunal. An appeal shall be made by submit of a document within sixty days after the date of the notification to the appellant about internal review's decision (Section 32).

The Access to Information Regulations, published in January 6th 2004, outlines the rules and duties of the public officers responsible for receiving, investigating and responding to information requests from individuals as well as amendments of personal records.  The Regulations also establishes the procedure for costs of reproduction.

Last update: June 18, 2013