The rationale behind the right to information as being fundamental to a free and democratic society can be seen from two equally compelling perspectives. First, on the demand side of the right to information, it is firmly grounded in human-rights discourse. Secondly, on the supply side, it finds its roots in the principles of democracy and good governance.

From the first perspective, on the demand side of right to information, the adoption of a functioning Public Access to Information (PATI) regime goes to the core of the promotion and protection of human rights.

PATI has long been recognised as the keystone of all other human rights: information is necessary to more effectively exercise rights as well as to prosecute violations of rights.

If a country respects human rights, and if the government of that country is committed to respecting the ideals of human rights, then guaranteeing the public access to government-held information is necessary.

To use a straight-forward analogy, a woman cannot be a little bit pregnant: she is either pregnant or she is not. The same is true for a government that respects human rights: it either ensures human rights are protected for all of its citizens, subject only to those reasonable limitations that are necessary in a free and democratic society, or it does not.

By first acknowledging PATI as the keystone for other human rights, it thus becomes difficult to imagine how other rights can be protected when a government fails to implement an effective PATI regime.

Many people will agree that children have a right to be educated. Indeed, Article 13 of the International Covenant on Economic, Social and Cultural Rights one of the core human rights treaties recognises that "everyone has the right to education".

This being said, Article 13 of the ICESCR is binding on Bermuda. PATI legislation, by requiring government-run education institutions to provide parents and citizens access to information about schools, will effectively promote increased transparency and accountability in the education system and help satisfy international obligations under the ICESCR and other internationally-binding treaties.

From the competing perspective to the rationale behind the right to information, and this time on the supply side, democracy and good governance both of which being fundamental components of the rule of law are founded upon the ideals of openness and transparency.

As such, democracy and good governance are very closely related to the right to information. Arguably, democracy cannot truly exist without openness and transparency, and the right to information, as an underlying foundation of the democratic tradition, finds support in the premise of an informed electorate: one that is able to hold its government accountable for the policies and decisions it makes.

An oft-quoted aphorism concerning the administration of justice states "not only must justice be done; it must be seen to be done". This also rings true for an elected government.

For a government to maintain legitimacy, both internationally and at home, not only must it be accountable to the electorate; it must be seen to be accountable to the electorate.

Accountability is possible for a government by availing itself to public scrutiny, which, again, will be subject only to those reasonable limitations that are necessary in a free and democratic society. People need the ability to seek and impart information freely in order to avoid feeling as though they are being governed by an autocracy.

Members of Parliament are elected, and the government is formed, on the basis of a party platform. The dialogue between government and constituents need not end there and the benefits of PATI are manifold.

First, by improving the dialogue between government and constitutions through PATI, the effect of increased public consultation has the potential to positively impact on a variety of issues.

These can be wide-ranging, and may include the development of infrastructure, or streamlining the allocation of funds to social programs, or even prioritising the maintenance of national monuments.

Second, the routine publication and dissemination of information will promote efficient public sector records management and aid public participation in governance.

Through continuous and renewed public consultation, and through openness to public scrutiny, a government becomes better suited to meet the needs of its people and, hopefully, prone to re-election.

It must be recognised that a PATI regime is not intended to embarrass government officials. A PATI regime is intended to make easier the roles of government officials by improving record-keeping and record-archiving, and by establishing a more holistic dialogue with the recipients of government services.

Implementing a PATI law will be a positive step toward an effective regime in Bermuda, but in order for Bermuda's commitment to international and regional transparency standards to have practical value, it is necessary that the law be implemented in accordance with international best practice standards.

The next step will require civil society members and private citizens to be educated on the effective use of the law and thereby bring about positive institutional change in governance.

Unfortunately, Bermuda lags behind many Commonwealth Member States, such as Jamaica, Trinidad and Tobago, and most recently The Cayman Islands (currently in the process of implementation), which have already enacted effective legislation to provide a legal framework for the realisation of this and other fundamental rights.

Barbados IS to adopt a vibrant PATI regime and is currently engaged in public consultations on the proposed Bill.

Countries that have implemented access to information regimes demonstrate how, when properly implemented, these regimes become both efficient and cost-effective means of empowering the people. Information is power and it needs to be accessible to all people. Entrenchment of the right to information is the logical and necessary first step.

To achieve this, civil society efforts to secure a PATI regime incorporating international best practice standards in Bermuda need to be strengthened.

Throughout its existence, CHRI has been committed to the protection and promotion of human rights in Commonwealth Member States, and to further our objectives, our access to information programme has been in operation for much of that time.

The long-term benefits of effecting PATI regimes will then be sustained by the stakeholders themselves the people of Bermuda. In other words, once the dialogue between the government and the electorate is strengthened through PATI legislation, the dialogue will necessarily continue.

* James M. Ferguson is an intern with the Access to Information Programme of the Commonwealth Human Rights Initiative (CHRI), an international, independent, non-governmental organisation founded in 1987, with offices in India, Ghana and the United Kingdom, whose objectives are to promote awareness of and adherence to international human rights obligations for the practical realisation of human rights in Commonwealth countries.