TRANSPARENCY AND ACCOUNTABILITY THROUGH IMPROVED ACCESS TO INFORMATION

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TRANSPARENCY AND ACCOUNTABILITY THROUGH IMPROVED
ACCESS TO INFORMATION

• Nana Oye Lithur
• Coordinator
• Commonwealth Human Rights Initiative (CHRI)
• Africa Office

4th May, 2005
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• the right to information lays the foundation
  upon which to build good governance and
  transparency. It is the key to moving from
  formal to consultative and responsive democracy
• CHRI

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• The poverty of information, Official Secrets
  Acts, anti-terrorist laws, criminal libel laws
  vrs the right of Access to Information

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Access to Information What is it?

• It is a human right to access information, to
  seek receive and impart information
• The fundamental right to freedom of expression
  and upon which all other rights depend

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• Freedom of Information The Context
• FOI the oxygen of democracy gives meaning to
  participatory democracy
• Supports participatory development and a proven
  anti-corruption tool
• Marginalised groups are given a voice and tool to
  scrutinise development activities
• Democracy, equitable economic development and
  national stability is enhanced

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The Rationale for FOI legislation

To foster culture of transparency and
accountability in public and private bodies to
enable the people fully exercise and protect all
their rights Preamble to SA ATI Law
(2000)
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T.Is Corruption Perception Index and ATI

• Of the ten best countries not less than eight had
  FOI laws enabling public to access information
• Out of the ten worst corrupt countries only one
  had a functioning ATI regime
• Improving ATI is pro-development, pro-economic
  growth and pro-national stability

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Why is Improving ATI is important?

• Failure of PRSs and development strategies
  attributed to behind closed door designs and
  consulting experts that shut out the people
  supposed to benefit
• Donors, IFTIs are beginning to open up and
  review their disclosure policies to enable
  greater oversight and participation
• Policies of openness engenders greater public
  trust

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Why ATI is important for transparency and
accountability?

• Marginalised groups given a rightful voice, a
  powerful tool to scrutinise, engage and access
  information about their development rights
• Conflict will be reduced because government
  secrecy exacerbates perceptions of favouritism
  and/or exclusion

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• FOI as a Human right

• Related to freedom of expression, right to
  privacy and political rights.
• Ensures power is exercised rationally with due
  process.
• Based on premise that democracy cannot function
  without Freedom of Information.

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African Union

• African Charter on Human and Peoples rights
  article 9(1) on right to receive information
• Adoption of the Declaration of Principles of
  Freedom of Expression in Africa(2002)
• NEPAD/ Africa Peer Review Mechanism enhancing ATI

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Status of FOI legislation in Africa

• South Africa Promotion of Access to Information
  Act of 2000
• Ghana Freedom of Information Bill 2002
• Kenya Freedom of Information Bill 2005
• Uganda Access to Information Bill 2004
• Mozambique Access to Sources of Information Bill
• Nigeria Freedom of Information Bill

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Challenges for FOI Legislation in Africa

• Sustaining a trend in Africa towards FOI
  legislation
• Taking note of effective implementation
• Implementation challenges encountered by South
  Africa

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Further Challenges

• ODAC Study on monitoring and implementation of SA
  ATI Law. 100 requests 52 not responded to, 6
  oral refusals,17 unable to submit, 2 written
  refusals 23 fulfilled and answered questions.
• OSI/ODAC five-country Survey interim results from
  Ghana 124 requests 56.3 mute refusals only 9.2
  responded to.
• People need to know they have a right to access

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Conclusion

• FOI is vital for democracy and development
• There is a trend of adoption of FOI legislation
  in Africa
• Development of FOI legislation must be supported
  must go with awareness creation
• Will enhance public sector accountability and
  promote zero tolerance for corruption

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• The great democratising power of information has
  given us the chance to effect change and
  alleviate poverty With information on our
  side, with knowledge a potential for all, the
  path of poverty can be reversed
• Kofi Annan