information Archives

In celebration of International Right to Information Day in 2015, the African Platform on Access to Information (APAI) Campaign and fesmedia Africa released a research study on the state of access to information in Africa. The research provides a useful snapshot of the state of access to information on the continent while providing clear and simple summaries and infographics, measured against the APAI Declaration of Principles.

The study examines Cote D’Ivoire, Kenya, Madagascar, Malawi, Mozambique, Namibia, Niger, Nigeria, South Africa, Tanzania, Uganda, and Zimbabwe.

Of the twelve countries examined, ten have specific access to information laws. Only Namibia and Madagascar did not, though both did have an Access to Information Bill in process. This is encouraging – particularly as in our last survey in 2015 three of the countries we looked at, which we have examined again now, only had a Bill in progress (Kenya, Malawi and Tanzania).

The results across the countries examined revealed that the existence of an ATI law is a necessary, but insufficient, step for ensuring a positive access to information environment. Problems with the implementation of ATI laws often cited a lack of awareness of the laws, and weak political will for implementation, as key inhibitors. Both of these factors highlight the important role ATI activists must play in developing the positive discourse around ATI to both encourage users, as well as bureaucratic and administrative actors.

There is also generally a very weak implementation of proactive disclosure, and low levels of utilisation of Internet and Communication Technologies (ICTs) to facilitate access. Both of these indicators make the reality of open government data, in particular, a problematic area on the continent. Proactive disclosure and open data are vital avenues for access – particularly when we consider the non-existence or weakness of laws, coupled with discriminatory access practices.

A further identified trend is that not a single country cited a practice in the domestic contexts that demonstrated a presumption of openness. While some countries have laws, which provide such a presumption – practice does not correspond with this obligation. This is not surprising when we consider the notes on implementation, but it again means that the reality of trying to access information for citizens is still a struggle on the continent.

There are positive trends however – a steadily increasing number of countries with laws, as well as the growing breadth of application of laws. The AU Model Law stands as a real opportunity, particularly given its credence, for advancing

access to information laws. And the APAI Declaration provides a useful, practical standard for helping to capacitate and reinforce positive access to information practices in the region.

You can download the full report STATE OF ACCESS TO INFORMATION IN AFRICA 2017

by Carolina Maturana Zúñiga

Originally published on the GPSA Knowledge Network

Transparency and access to information are not only human rights, but also means to allow citizens to know and monitor what their government is doing. But, what are some hindrances to develop an effective culture of transparency in the public sector?

Using data from the National Study of Public Servants, held by the Consejo para la Transparencia in Chile (Council for Transparency)[1], we explored the role of the bureaucratic system’s traditional structures on the practical limitations regarding the implementation of governance reforms and specifically toward the proper development of access to public information.

The results show that, even though most Chilean public servants perceived their major obligations are toward the citizen, and they have high levels of referential knowledge and valuation of transparency, there is a decrease on both dimensions while deepening the analysis. Data shows that higher levels of hierarchy and contractual stability of public servants seem to be two main factors that can make the difference on the willingness to embrace transparency. This highlights the limitations that medium and lower public servants face to be part of the democratic reforms –for example, they do not access proper training, they are not included in the discussions about the potential benefits of these reforms, and they are only assigned to implement these changes as administrative commands like: “if you get an access to information (ATI) request it should be answered in 20 working days” –. Because of the abovementioned factors, the staff in front line of public services is not prepared to guide or empathize with a citizen requesting information.

In addition to the challenges transparency has to overcome inside the bureaucratic system, it is possible to identify challenges among citizens as well. Traditionally, people have not been involved in the public decision making process and political institutions in Latin America function under the principles of secrecy. Under this historical premise, citizens do not perceive the need or the right to request information and it is hard for them to perceive the potential value of public information, weakening the ATI system by disuse. These perceptions are complemented by strong distrust in electronic and online means to access information; reinforcing the idea that ATI is a slow and complicated process with uncertain results [2].

All these factors, contribute to generate and maintain informal methods for accessing information through personal connections with public servants. This practice allows people involved in those networks to access more information and in a faster way than the regular procedures mandate, damaging the legitimacy of the ATI system and reproducing patronage [3]. At the same time, these practices replicate the power structures that transparency seeks to eliminate.

Then, in order to advance toward a culture of transparency, it is necessary to recognize that legal reforms are not enough and the implementation phase is key for success. Implementation should consider the promotion and engagement of a broader scope of public servants in the discussions regarding the improvement of the bureaucratic system, changes on governance standards, and the democratic vision our societies are aiming for. Public servants should be more aware that quality of service and positive experiences accessing public information, improve citizen’s perceptions about them and their institutions, so they will understand the reasons behind the efforts to change some of their bureaucratic practices [4], an element that will allow them to see themselves as part of a process that strengthens democracy and promotes social rights.

From the lessons learned about the Chilean experience, it is possible to address effectively the practical challenges related to transparency. Elements such as the real capacities of public institutions of different scale and resources to meet their legal obligations; the development of archival systems; the standardization of specific documentation (such as formularies, electronic websites, etc.); and the information and training granted to public servants whom will assume these responsibilities are key components of a successful implementation. Without them, it will be really difficult to install the perception that transparency is more than an additional administrative burden. When traceability and information recall has to be done manually, it becomes a major task and the burden of this labor undermines the social validity of information requests, eroding the social value of ATI and transparency [5]. If public servants perceive that transparency is an important element to improve the public administration, any effort toward the creation of a culture of transparency in the public sector will find a solid ground to start growing.

[1] http://www.cplt.cl/estudios-nacionales-de-funcionarios/consejo/2014-09-11/125235.html

[2] http://www.cplt.cl/consejo/site/artic/20121213/asocfile/20121213155411/estudio_nacional_de_transparencia_2012.pdf

[3] Moya y Dueñas (2015), http://200.91.44.244/consejo/site/artic/20150108/asocfile/20150108180133/t_s_n3___web.pdf

[4] Maturana (2015), http://200.91.44.244/consejo/site/artic/20121213/asocfile/20121213161557/articulo.pdf

[5] CPLT (2016), http://200.91.44.244/consejo/site/artic/20121213/asocfile/20121213160518/avances_y_desafios.pdf

Tag: information

State of Access to Information in Africa 2017

Limitations to develop a culture of transparency in the public sector