chri – africa office transparency and accountability through improved access to information nana...
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CHRI – Africa Office
TRANSPARENCY AND TRANSPARENCY AND ACCOUNTABILITY THROUGH ACCOUNTABILITY THROUGH IMPROVED ACCESS TO IMPROVED ACCESS TO INFORMATIONINFORMATION
Nana Oye LithurNana Oye LithurCoordinatorCoordinator
Commonwealth Human Rights Initiative (CHRI)Commonwealth Human Rights Initiative (CHRI)Africa OfficeAfrica Office
4th May, 2005
CHRI – Africa Office
‘‘the right to information lays the the right to information lays the foundation upon which to build foundation upon which to build good governance and good governance and transparency…. It is the key to transparency…. It is the key to moving from formal to moving from formal to consultative and responsive consultative and responsive democracy’democracy’
CHRICHRI
CHRI – Africa Office
The ‘poverty of information’, Official The ‘poverty of information’, Official Secrets Acts, anti-terrorist laws, Secrets Acts, anti-terrorist laws, criminal libel laws vrs the right of criminal libel laws vrs the right of Access to InformationAccess to Information
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Access to Information: Access to Information: What is it?What is it?
It is a human right to access It is a human right to access information, to seek receive and information, to seek receive and impart informationimpart information
The fundamental right to freedom of The fundamental right to freedom of expression and upon which all other expression and upon which all other rights dependrights depend
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Freedom of Information: The Freedom of Information: The ContextContext
FOI the ‘oxygen of democracy’ gives FOI the ‘oxygen of democracy’ gives meaning to participatory democracymeaning to participatory democracy
Supports participatory development and Supports participatory development and a proven anti-corruption toola proven anti-corruption tool
Marginalised groups are given a voice Marginalised groups are given a voice and tool to scrutinise development and tool to scrutinise development activities activities
Democracy, equitable economic Democracy, equitable economic development and national stability is development and national stability is enhancedenhanced
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The Rationale for FOI The Rationale for FOI legislationlegislation
To foster culture of transparency and To foster culture of transparency and accountability in public and private accountability in public and private bodies to enable the people fully bodies to enable the people fully exercise and protect all their rights’exercise and protect all their rights’
Preamble to SA ATI Law Preamble to SA ATI Law (2000)(2000)
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T.I’s Corruption Perception T.I’s Corruption Perception Index and ATIIndex and ATI Of the ten best countries not less Of the ten best countries not less
than eight had FOI laws enabling than eight had FOI laws enabling public to access informationpublic to access information
Out of the ten worst corrupt Out of the ten worst corrupt countries only one had a functioning countries only one had a functioning ATI regimeATI regime
Improving ATI is pro-development, Improving ATI is pro-development, pro-economic growth and pro-pro-economic growth and pro-national stabilitynational stability
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Why is Improving ATI is Why is Improving ATI is important?important?
Failure of PRSs and development Failure of PRSs and development strategies attributed to ‘behind closed strategies attributed to ‘behind closed door designs’ and consulting experts door designs’ and consulting experts that shut out the people supposed to that shut out the people supposed to benefitbenefit
Donors, IFTIs are beginning to open up Donors, IFTIs are beginning to open up and review their disclosure policies to and review their disclosure policies to enable greater oversight and enable greater oversight and participationparticipation
Policies of openness engenders greater Policies of openness engenders greater public trustpublic trust
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Why ATI is important for Why ATI is important for transparency and transparency and accountability?accountability? Marginalised groups given a rightful Marginalised groups given a rightful
voice, a powerful tool to scrutinise, voice, a powerful tool to scrutinise, engage and access information about engage and access information about their development rightstheir development rights
Conflict will be reduced because Conflict will be reduced because government secrecy exacerbates government secrecy exacerbates perceptions of favouritism and/or perceptions of favouritism and/or exclusion exclusion
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Related to freedom of expression, Related to freedom of expression, right to privacy and political rights.right to privacy and political rights.
Ensures power is exercised rationally Ensures power is exercised rationally with due process.with due process.
Based on premise that democracy Based on premise that democracy cannot function without Freedom of cannot function without Freedom of Information.Information.
FOI: as a FOI: as a Human Human rightright
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African Union African Union
African Charter on Human and People’s African Charter on Human and People’s rights article 9(1) on right to receive rights article 9(1) on right to receive informationinformation
Adoption of the Declaration of Principles Adoption of the Declaration of Principles of Freedom of Expression in Africa(2002)of Freedom of Expression in Africa(2002)
NEPAD/ Africa Peer Review Mechanism NEPAD/ Africa Peer Review Mechanism enhancing ATIenhancing ATI
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Status of FOI legislation in AfricaStatus of FOI legislation in Africa
South Africa Promotion of Access to South Africa Promotion of Access to Information Act of 2000Information Act of 2000
Ghana Freedom of Information Bill 2002Ghana Freedom of Information Bill 2002 Kenya Freedom of Information Bill 2005Kenya Freedom of Information Bill 2005 Uganda Access to Information Bill 2004Uganda Access to Information Bill 2004 Mozambique Access to Sources of Mozambique Access to Sources of
Information BillInformation Bill Nigeria Freedom of Information BillNigeria Freedom of Information Bill
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Challenges for FOI Challenges for FOI Legislation in AfricaLegislation in Africa
Sustaining a trend in Africa towards FOI Sustaining a trend in Africa towards FOI legislationlegislation
Taking note of effective implementationTaking note of effective implementation
Implementation challenges encountered Implementation challenges encountered by South Africaby South Africa
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Further ChallengesFurther Challenges ODAC Study on monitoring and ODAC Study on monitoring and
implementation of SA ATI Law. 100 implementation of SA ATI Law. 100 requests 52% not responded to, 6% oral requests 52% not responded to, 6% oral refusals,17% unable to submit, 2% refusals,17% unable to submit, 2% written refusals 23% fulfilled and written refusals 23% fulfilled and answered questions.answered questions.
OSI/ODAC five-country Survey interim OSI/ODAC five-country Survey interim results from Ghana 124 requests 56.3% results from Ghana 124 requests 56.3% mute refusals only 9.2% responded to. mute refusals only 9.2% responded to.
People need to know they have a right to People need to know they have a right to access access
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ConclusionConclusion
FOI is vital for democracy and FOI is vital for democracy and developmentdevelopment
There is a trend of adoption of FOI There is a trend of adoption of FOI legislation in Africalegislation in Africa
Development of FOI legislation must be Development of FOI legislation must be supported must go with awareness supported must go with awareness creationcreation
Will enhance public sector Will enhance public sector accountability and promote zero accountability and promote zero tolerance for corruption tolerance for corruption
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‘‘The great democratising power of The great democratising power of information has given us the information has given us the chance to effect change and chance to effect change and alleviate poverty ……………With alleviate poverty ……………With information on our side, with information on our side, with knowledge a potential for all, the knowledge a potential for all, the path of poverty can be reversed’path of poverty can be reversed’
Kofi AnnanKofi Annan