SECRET TO TRANSPARENCY ( explanatory guide summary)

Many countries have adapted transparency and Switzerland was late to the party

Reasons for late application

• Strong culture of secrecy administration and social

• Much information was held not by federal but by cantonal and local levels. (Cantons and
communal entity)
• All political parties form the executive thru a principle of “concordance”. Hence, they all
have access to info hence no political need (compare Kenya)

Some Swiss cantons enacted laws by giving citizens access to information (by gvt) but this was
not replicated at the federal level hence the law of transparency (LTrans) July (2006)

Short history

Education, health, police & taxation -Cantonal juris

Cantons had greater pressure for transparency.
Canton of Bern;1993, First access of info law following a scandal on slush funds to propaganda.

1982: Committee of experts (intro principal of transparency)

1986/1989/1991
1992- Federal council- introduction of principal of transparency.
2000 April: A bill for consultation.

Institutional challenges

1. Collegiality
2. Executive federalism
1. Collegiality

7 people of the executive debate and come up with one common thing.
Co-rapport and consultation
Right to access exists other the decision is made.
2. Executive Federalism

Executed by Cantons with a varying access to info

Main elements of Swiss Ltrans

Coverage//Exceptions//practicalities//regulatory framework

Coverage
Covers fed admin and all organizations pf decision making at first instance.
Except, Swiss bank, Fed banking commission, Fed assembly, Parliamentary commission, Fed
council. (Parliamentary discretion)
Official documents according to LTrans
1. Specific support- report, expertise, stats, visuals, electronic
2. Specific admin- admin can effectively access info requested
3. Link to execution of public trust-

Draft docs are exempted.

Exemptions
Legal procedures
Docs sold by an organization ie maps

➢ Hamper free formation of opinion ie religious

➢ Compromise relations between cantons and fed
➢ Compromise security (ntl and intl)
➢ Given by third party G2G
➢ Damage private interest.

Practicalities
Directly address the authority in charge of the production. Precise as in who/what
20 days unless in bulk

Regulatory framework
Prepose- independent body to handle complaints. Docs from previous N\A