Basil Jarrett | The ATI Act: No more waiting in vain for transparency

I HAVE deliberately stayed away from the Bob Marley biopic, One Love. Not because I’m not a fan of Bob Marley or his music, but more so because, as a law enforcement official, I get to spend a lot of time up close and personal with the dregs of Jamaican society, and from what I see on a daily basis, I’m sorry, but I don’t believe that every little thing is going to be alright. Especially as it relates to this country’s preponderance of corrupt, dishonest and downright despicable persons. No. Every little thing is not going to be alright – at least not by itself.

If Jamaica is going to truly move away from having one of the highest Corruption Perception Indexes (CPI) in the region, then it is going to take real, measurable action by our citizens. Marley may be celebrated as the epitome of Jamaica’s vibrant tapestry of culture, marked by his resilience, music, and indomitable spirit. But right under our noses lies a less celebrated, less known, less understood piece of legislation that holds the power to truly transform the fate of this country: The Access to Information Act (ATI).

Enacted in 2002, this powerful legislative tool was designed to bolster our fight against the malaise of corruption that hampers our nation’s development. But despite its enormous potential, the ATI Act remains largely underutilised and its capabilities known only to a few, namely those within the journalistic fraternity.

THE INFORMATION WAR

But the ATI Act empowers all citizens, not just journalists, by giving access to official documents from public bodies, shining a light on the workings of entities that are often shrouded in secrecy. In fact, you don’t even need to be a citizen of Jamaica to use the ATI. You just need to be on Jamaican soil at the time of the request. How many of you knew this? The act allows for the uncovering of information that could reveal instances of dishonesty, fraud, and corruption, which would otherwise remain buried under layers of bureaucratic secrecy.

Imagine the potential for change if more Jamaicans became adept at wielding this tool and if more of us took an active stance in scrutinising the actions and decisions of our elected and public officials.

And in an era where increasingly, financial crimes and corrupt practices have evolved in complexity and scope, having access to a wide array of public documents can provide critical exposure of corrupt individuals. That’s why even law enforcement has gotten in on the act by using it to supplement their investigative arsenal.

A CALL TO ARMS

The scenario therefore begs the question: Why, then, has the ATI Act not been mobilised to its full potential? The answer, it seems, lies in a mix of public unawareness and the perceived complexity of the request process. Under the ATI, a public authority that receives an ATI request is required to respond to the application “as soon as practicable but not later than 30 days after the date of receipt of the application”. But because the act gives the authority the flexibility to extend the 30 days “for a further period not exceeding 30 days in any case where there is reasonable cause for such extension”, most persons simply move on out of frustration. And this, I believe, is the strongest deterrent to persons using the ATI. It just takes too gosh darned long.

JOURNALISTS AT THE VANGUARD

To my mind, it is incumbent upon both the Government and civil society organisations to embark on a comprehensive campaign to educate the population about the act and to demystify the process of filing an ATI request. Workshops, social media campaigns, and school-based initiatives could serve as platforms to engage with the community, illustrating not just the ‘how’ but the ‘why’ of using the ATI Act.

Furthermore, it may be a good idea to highlight and celebrate the success stories emerging from the use of the ATI Act as each successful request can lead to uncovering other instances of fraud, malfeasance and corruption, thereby motivating more Jamaicans to take action. So far, our journalists have been the standard-bearers in utilising the ATI Act. I applaud and encourage them to continue being vigilant. What I would encourage them to do more of, however, is to consider staging ATI clinics and awareness sessions, guiding individuals and groups on how to effectively use the act to foster transparency and accountability. After all, they are probably the biggest experts in its use.

THE ROAD AHEAD

You see, we need to remember that the battle against corruption is not the Government’s or law enforcement’s alone to fight; it is a collective endeavour that requires every single law-abiding citizen to participate in. The ATI Act provides us with legal top cover to participate in this battle, but its success hinges on our willingness to act. And in an age where the pen is still mightier than the sword, regardless of the wealth and strength of those wielding it, information gleaned through ATI requests can prove instrumental in dismantling corruption rat nests.

In the grand scheme of Jamaica’s development, the ATI Act is more than just legislation; it is a symbol of our right to transparency, a tool for empowerment, and a weapon against corruption. Its underutilisation is a missed opportunity in our collective quest for a more accountable and transparent governance structure and I urge everyone to commit to learning about and engaging with the ATI Act, not as passive observers but as active participants in our democracy. Because if everyone chooses to simply sit on the fence on matters of corruption and injustice, well, it’s only a matter of time before the whole fence comes crashing down.

Major Basil Jarrett is a communications strategist and CEO of Artemis Consulting, a communications consulting firm specialising in crisis communications and reputation management. Follow him on Twitter, Instagram, Threads @IamBasilJarrett and linkedin.com/in/basiljarrett. Send feedback to columns@gleanerjm.com