Corruption & Access to Information in Africa

On the occasion of the International Day for Universal Access to Information. [28th September] 
Blog/ Article: Published by Regional Hubs. (Right after 28th September) (Appx. 500-800 words)
Outline: 

• Five years ago, the UN General Assembly proclaimed 28 September as the International Day for Universal Access to Information, following a UNESCO resolution from 2015.
• This year, in conjunction with UNESCO, the Government of Ghana is hosting in Accra (1-2nd October) the 2024 Global Conference on Universal Access to Information. The main idea is to provide space to assess progress in promoting access to information globally. 
• It is remarkable that this year’s Global Conference is held in Africa. While progress on universal access to information remains challenging globally, Africa appears to progress even slower.

Key observations on specific country progress

In Liberia, the right to information (RTI) is guaranteed by Liberia’s 1986 constitution and the country’s freedom of information Act (FOIA), which also provides for the creation of an Independent Information Commission (IIC). This Commission however remains largely underfunded and understaffed and therefore unable to effectively ensure compliance with the FOIA and adequately promote it. The legal provisions on RTI do not always guarantee the effectiveness of the FOIA and full exercise of RTI in the country. Very few public officials respond to RTI requests and sanctions provided for in the FOIA in such cases are rarely imposed, if at all, in practice. This is compounded by lack of awareness and use of the FOIA, particularly by vulnerable and traditionally marginalised groups (e.g., women, youth, elderly, etc.).

Sierra Leone’s Constitution guarantees RTI as an essential component of the freedom of expression and of the press. This right is protected further in the Right to Access Information Act (RTIA) of 2013, which applies both to public authorities and to private bodies where the requested information is necessary for the realisation or protection of any right. However, poor access to information and low levels of proactive disclosure are among the greatest obstacles to the prevention and fight against corruption and to access to justice in the country. The latter may be partly due to poor data collection (including gender-sensitive data) and lack of technical capacity within the public administration. Women and girls appear to be particularly affected by the limited availability and quality of information.

In Togo, RTI is guaranteed in the constitution and in various other laws. The implementation of RTI in the anti-corruption context however faces numerous challenges. One has to do with the lack of a specific anti-corruption law that could specify the type of information that ought to be proactively disclosed to help prevent and fight corruption in the country. Beyond the absence of an anti-corruption law, the fight against corruption is hampered by the shrinking civic space which manifests itself in the form of a lack of legal protections for human rights defenders, including anti-corruption defenders, and restrictions to the freedom of expression and of assembly (through libel, slander, false information and cybercriminal laws, for instance). Other constraints include the lack of legal protections for anti-corruption HRDs.

Ghana’s Constitution too guarantees the right to information while the 2019 Right to Information Act (RTI Act) provides the framework for exercising the right. The Right to Information Commission (RTI) Commission) is the constitutionally mandate organisation to oversee the effective implementation of the law. Among the citizenry, there is limited public awareness of the right and the enabling law. The extent to which the right is enjoyed is impeded by bureaucratic and administrative bottlenecks, including fees. Within the anti-corruption context, anti-corruption activists and journalists face the risk of attack and reprisal despite the existence of a law on whistleblower protection. In addition, the absence of an LI impacts the effective coordination of the implementation of the RTI law.

Key Regional progress

Some progress has been made in recent years in West Africa in the area of access to information. Liberia was the first to adopt an access to information law in 2010. Ten states in West Africa followed their example, namely Benin, Burkina Faso, Ghana, Guinea, Ivory Coast, Mali, Niger, Nigeria, Sierra Leone and Togo have passed a law on access to information. These countries have demonstrated some willingness to move towards a more open and transparent system and to make West Africa one of African regions with the largest number of countries with access to information laws.

Key regional challenges

• Despite the existence of such laws, their implementation continues to pose challenges as many of these government are reticent to give full effect to these laws in practice.

• Unfortunately, in West Africa region, Senegal, Gambia, Guinea Bissau are yet to adopt a law to ensure access to information. Senegal, while being politically and geographically strategic in the region, has many sector laws that promote access to information and has joined different transparency mechanisms but hesitates to legislate free access to information. The government should join the other countries as soon as possible to strengthen the Open Government programme it has integrated.

• Governments are often not well equipped to respond quickly and efficiently to requests for information. Also, it is not proactively provided and disseminated, sometimes due to lack of resources. Therefore, ordinary citizens are often not aware of the law or their right to information. This is a real challenge for governments.

This year’s Global Conference is held under the theme, "Mainstreaming Access to Information and Participation in the Public Sector." Transparency International explores some key lessons from on-going work explores recommendations for building a culture of access to information.

Key recommendations for country progress

• Advocate for the institutional, financial and human capacity of the IIC to be strengthened to enable it to effectively carry out its mandate.

• Collaborate with state and non-state actors (e.g., the Independent Information Commissions, national anti-corruption commissions, national human rights institutions, UN agencies, human rights CSOs and the media) to raise awareness of the FOIA and strengthen civic education on RTI and its role as a key instrument both for the realisation of other human rights and for the prevention of and fight against corruption, including through public awareness activities.

• Advocate for the state to take measures to raise awareness on the existence, relevance and application of the RTI Act. (b) Advocate for the state to end attacks and reprisal against anti-corruption activists and journalists.

Key regional policy recommendations

• Ensure that member states strictly apply, documente and monitor all existing measures on access the right to access to information ;

• Consider ensuring all policies and legislation that undermine the effectiveness of access to information are repealed;

• Ensure the effectiveness of access to information Commission, as well as appropriate monitoring, sanctions and evaluation of existing mechanisms ;

• Promoting adherence to/enhancing implementation of open government measures by Member States.

Conclusion The existence and effective application of access to information laws are critical to the practice of independent and quality journalism engaging citizens in public life.  Transparency and access to reliable information should receive greater attention from the authorities to address citizens’ concerns and expectations. States must release adequate information to engage the citizens in the fight against corruption and strengthen transparency in West Africa. Providing timely information to citizens is not a sign of weakness but of strength and commitment to governance accountability. Considering the steps made, the people and governments of our region certainly have the capacity to overcome the different challenges that are currently undermining the effectiveness of access to information, transparency and accountability. I hope that next year’s celebration will mark a real improvement in access to information in our region and on the continent.