Access to information remains limited across the Middle East and North Africa region. While Egypt, Morocco, Palestine and Yemen have committed to the right of access to information in international law, only Yemen has passed a national access to information law, though it has not been implemented. Morocco recognizes the right in its constitution. Transparency International's research found existing laws in the four countries do not meet international standards and prevent identifying corruption. Governments are working to pass new laws but have not adequately incorporated civil society input. Strong, effectively implemented access to information laws are needed across the region to promote transparency and fight corruption.
The four countries assessed - Egypt, Morocco, Palestine and Yemen - have committed to international standards on access to information through treaties. However, none have fully implemented these commitments domestically. While Yemen has passed an access to information law, it has not been implemented. Morocco's constitutional right to information and draft law are positive steps. Overall, lack of strong access to information laws and effective implementation in the region limit people's ability to obtain information and fight corruption. Governments should prioritize passing and implementing robust access to information laws that meet international standards to promote transparency, accountability and curb corruption.
יום חופש העיתונות שצויין אתמול ברחבי העולם, מוצא את חופש העיתונות בשפל של יותר מעשור, כשברחבי העולם מתגבר איום הטרור, לצד משברים פוליטיים והומניטריים ברחבי הגלובוס. ישראל מוגדרת כמדינה היחידה שבה יש חופש עיתונות במזרח התיכון לפי ארגון Freedom House אך היא דורגה במקום ה-61 בעולם במדד חופש העיתונות של הארגון.
Analyzing the influence of Information and communication Technology on the sc...JohnGacinya
The main objective of this study is to analyze the role of
Information Communication technology in facilitating human
trafficking in Rwanda. Specifically,
(1) To analyze the influence of technology in facilitating
human trafficking in Rwanda.
(2) To analyze the extent to which Rwanda has been able to
combat human trafficking using technology.
This document summarizes a study on human rights in the context of deepening integration within the East African Community (EAC). The study found that while the EAC treaty outlines areas of collaboration, it does not specifically address human rights. Concerns around human rights violations were identified in EAC countries, including issues with media control, gender inequality, and treatment of opposition groups. The study recommends mainstreaming human rights within EAC structures by establishing an East African Human Rights Commission.
A unique online tracking software system is being used to protect and repatriate victims of human trafficking between India and Myanmar. The Impulse Case Information Centre Software is an online repository of cases that can be used as a transnational referral mechanism to ensure systematic documentation of human trafficking cases and address the issue of internal and cross-border trafficking. It was developed by Impulse NGO Network, an organization based in the northeast of India that has been working to stop trafficking for 20 years. With the support of the Global Development Network, Impulse NGO Network is now scaling up its anti-trafficking tracking system to be used by governments in other neighboring countries, including Bangladesh and Nepal, as part of their anti-trafficking strategies.
See more: https://www.youtube.com/watch?v=wZPcHfRypJA
www.icicsoftware.com/
www.gdn.int/jsdf
A Mobile Based Application for Journey SafetyIOSRjournaljce
Journey is an inseparable part of human life which is responsible for human civilization development.Worldwide a large portion of population daily travel for work, shopping, social reasons and many other purposes. Nowadays road accidents, hijacking, robbery, snatching, trap of fraud parties have increased in such a level that people are always concerned about the security and safety of life as well as property during journey. In maximum cases vehicle drivers are found involved with these incidents and victims can’t complain to the related authority due to the lack of evidence.Also law enforcement agencies is unable to take proper action against these crimes due to the scarcity of adequate information. Women empowerment and their development is also lagging behind because of insecurity. In past few decades uses of mobile phones has increased enormously. Due to the rapid growth of mobile technology, smartphones are equipped with features likesensors, GPS navigation, digital camera, high speed internet connectivity and many more. Using these sophisticated features of smartphones, an application can be developed to overcome these problems of people and provide safety. Aim of this paper is to design a mobile application called ‘Journey Safety’ to overcome dangers mentioned above during journey and ensure complete safety.
An Exploratory Study on Mechanisms in Place to Combat Hacking In South Africa...AJHSSR Journal
ABSTRACT: In the past two decades, third world countries such as South Africa have made steadily developments towards combating hacking as a form of Cybercrime. The developments made by the South African Criminal Justice towards the prevention of hacking have been mildly progressive. The Council of Europe Convention on Cybercrime is the treaty that all South African legislation and policy with regard to hacking is required to be in line with this convention. This treaty has also been the cornerstone to first world countries such as the United States, when preventing cybercrime such as hacking. In order for South Africans to have a safe and secure cyberspace that is free from hackers; there needs to be a co-operative system put in place by the South African Criminal Justice System that involves the government, non-profit organizations and the community. A Criminal Justice system that works closely with the community is able to properly guide its members and correctly prosecute the crime of hacking. Therefore, using qualitative secondary data this paper explores the existing measures put in place by the South African Criminal Justice to combat hacking. The findings of this paper indicate that conceptual understanding of this crime (hacking) can play a pivotal role in addressing the manifestation of this crime in a large extent as the nature and extent can be established, the use of technological means also contribute to hacking, this is also linked to individuals (victims) ignorance. For recommendations, the use of technology and conventional method in awareness can help in responding to the scale and consequence of hacking in South Africa.
The four countries assessed - Egypt, Morocco, Palestine and Yemen - have committed to international standards on access to information through treaties. However, none have fully implemented these commitments domestically. While Yemen has passed an access to information law, it has not been implemented. Morocco's constitutional right to information and draft law are positive steps. Overall, lack of strong access to information laws and effective implementation in the region limit people's ability to obtain information and fight corruption. Governments should prioritize passing and implementing robust access to information laws that meet international standards to promote transparency, accountability and curb corruption.
יום חופש העיתונות שצויין אתמול ברחבי העולם, מוצא את חופש העיתונות בשפל של יותר מעשור, כשברחבי העולם מתגבר איום הטרור, לצד משברים פוליטיים והומניטריים ברחבי הגלובוס. ישראל מוגדרת כמדינה היחידה שבה יש חופש עיתונות במזרח התיכון לפי ארגון Freedom House אך היא דורגה במקום ה-61 בעולם במדד חופש העיתונות של הארגון.
Analyzing the influence of Information and communication Technology on the sc...JohnGacinya
The main objective of this study is to analyze the role of
Information Communication technology in facilitating human
trafficking in Rwanda. Specifically,
(1) To analyze the influence of technology in facilitating
human trafficking in Rwanda.
(2) To analyze the extent to which Rwanda has been able to
combat human trafficking using technology.
This document summarizes a study on human rights in the context of deepening integration within the East African Community (EAC). The study found that while the EAC treaty outlines areas of collaboration, it does not specifically address human rights. Concerns around human rights violations were identified in EAC countries, including issues with media control, gender inequality, and treatment of opposition groups. The study recommends mainstreaming human rights within EAC structures by establishing an East African Human Rights Commission.
A unique online tracking software system is being used to protect and repatriate victims of human trafficking between India and Myanmar. The Impulse Case Information Centre Software is an online repository of cases that can be used as a transnational referral mechanism to ensure systematic documentation of human trafficking cases and address the issue of internal and cross-border trafficking. It was developed by Impulse NGO Network, an organization based in the northeast of India that has been working to stop trafficking for 20 years. With the support of the Global Development Network, Impulse NGO Network is now scaling up its anti-trafficking tracking system to be used by governments in other neighboring countries, including Bangladesh and Nepal, as part of their anti-trafficking strategies.
See more: https://www.youtube.com/watch?v=wZPcHfRypJA
www.icicsoftware.com/
www.gdn.int/jsdf
A Mobile Based Application for Journey SafetyIOSRjournaljce
Journey is an inseparable part of human life which is responsible for human civilization development.Worldwide a large portion of population daily travel for work, shopping, social reasons and many other purposes. Nowadays road accidents, hijacking, robbery, snatching, trap of fraud parties have increased in such a level that people are always concerned about the security and safety of life as well as property during journey. In maximum cases vehicle drivers are found involved with these incidents and victims can’t complain to the related authority due to the lack of evidence.Also law enforcement agencies is unable to take proper action against these crimes due to the scarcity of adequate information. Women empowerment and their development is also lagging behind because of insecurity. In past few decades uses of mobile phones has increased enormously. Due to the rapid growth of mobile technology, smartphones are equipped with features likesensors, GPS navigation, digital camera, high speed internet connectivity and many more. Using these sophisticated features of smartphones, an application can be developed to overcome these problems of people and provide safety. Aim of this paper is to design a mobile application called ‘Journey Safety’ to overcome dangers mentioned above during journey and ensure complete safety.
An Exploratory Study on Mechanisms in Place to Combat Hacking In South Africa...AJHSSR Journal
ABSTRACT: In the past two decades, third world countries such as South Africa have made steadily developments towards combating hacking as a form of Cybercrime. The developments made by the South African Criminal Justice towards the prevention of hacking have been mildly progressive. The Council of Europe Convention on Cybercrime is the treaty that all South African legislation and policy with regard to hacking is required to be in line with this convention. This treaty has also been the cornerstone to first world countries such as the United States, when preventing cybercrime such as hacking. In order for South Africans to have a safe and secure cyberspace that is free from hackers; there needs to be a co-operative system put in place by the South African Criminal Justice System that involves the government, non-profit organizations and the community. A Criminal Justice system that works closely with the community is able to properly guide its members and correctly prosecute the crime of hacking. Therefore, using qualitative secondary data this paper explores the existing measures put in place by the South African Criminal Justice to combat hacking. The findings of this paper indicate that conceptual understanding of this crime (hacking) can play a pivotal role in addressing the manifestation of this crime in a large extent as the nature and extent can be established, the use of technological means also contribute to hacking, this is also linked to individuals (victims) ignorance. For recommendations, the use of technology and conventional method in awareness can help in responding to the scale and consequence of hacking in South Africa.
Highlights - 2018 Global Anti-Corruption & Integrity ForumOECD Governance
The document summarizes an OECD conference on integrity and anti-corruption that was held in Paris from March 27-28, 2018. It involved over 1,800 participants from 120 countries, including 122 leaders and expert speakers representing government, business, and civil society. There were 24 thematic sessions and 18 research poster presentations. The conference promoted integrated anti-corruption strategies and practices to ensure inclusive growth and more effective public policies. Discussions focused on issues like international cooperation against corruption, governance and integrity in public infrastructure projects, influence in public decision-making, and using settlements to resolve foreign bribery cases.
Benin was an early pioneer of democracy in Africa and signed onto the African Peer Review Mechanism (APRM) in 2004, making it the first French-speaking West African country to complete the APRM process. The implementation of the APRM in Benin was characterized by efforts to maximize citizen participation through the creation of a large Independent National Commission. However, the commission suffered from administrative shortcomings due to prioritizing representation over effectiveness. Strong commitment from President Boni Yayi helped compensate for these issues. The APRM process allowed for open national dialogue and identified areas for governance improvements in Benin's program of action. Implementing this program of action is now a priority to build upon Benin's democratic
This document provides an overview and assessment of Ethiopia's participation in the African Peer Review Mechanism (APRM) process. It summarizes the key stages and structures of Ethiopia's APRM process from 2007 to 2011. It finds that while the government was supportive, the process lacked transparency and meaningful civil society participation. The National Governing Council that managed the process was dominated by government-selected representatives. Stakeholder engagement beyond this council was limited. The country self-assessment report produced was not made public and failed to address critical issues. The report recommends greater transparency, broader civil society involvement, and efforts to implement and monitor outcomes of the APRM process.
This document summarizes the findings of a study on electoral management in six West African countries. Three main models of electoral management bodies were found: single independent commissions in Benin, Ghana and Nigeria; two or more independent commissions in Sierra Leone; and hybrid systems involving both government and independent bodies in Cape Verde and Senegal. There is a trend toward establishing independent commissions through constitutions to insulate the electoral process from political interference. However, questions remain about the cost of elections, dispute adjudication, stakeholder partnerships, and presidential term limits. The major challenges for electoral bodies involve balancing political and economic interests with democratic values.
This document summarizes the key findings of the 9th edition of Transparency International's Global Corruption Barometer survey. Some of the main results include:
- Nearly 6 in 10 people thought their government was doing a bad job fighting corruption. Police and elected representatives were seen as the most corrupt public institutions.
- On average, 1 in 4 public service users had to pay a bribe in the past year. The average bribery rate was highest in the Middle East/North Africa and Commonwealth of Independent States.
- Over half of respondents felt ordinary citizens can make a difference in fighting corruption, though views varied significantly by country.
The document provides the statement of objects and reasons for the Jan Lokpal Bill 2011 in India. It summarizes that corruption has become a major problem in India that existing anti-corruption institutions have failed to address. It aims to establish an independent Lokpal authority, as required by the UN Convention Against Corruption, to investigate and prosecute corruption cases against public officials and ensure transparency, accountability and public participation in its functioning. The bill seeks to provide independence to the anti-corruption machinery from undue influences to effectively tackle the menace of corruption.
1) The document discusses open data and its benefits. Open data refers to government data that is freely available for anyone to access, use and share without legal, technological or financial barriers.
2) Benefits of open data include promoting transparency, encouraging public participation, enhancing government effectiveness and efficiency, and creating economic opportunities. Many countries and organizations around the world have embraced open data initiatives.
3) In 2011, the Open Government Partnership was launched with founding members committing to make their governments more transparent, accountable, and responsive to citizens through open data and open government practices. Over 40 countries have since joined or are developing open data commitments.
Training Manual on Human Rights and Local GovernanceShankor Paul
1. Human rights are basic rights and freedoms that belong to all people regardless of nationality, sex, race or religion. They include civil and political rights like the right to life and liberty as well as economic, social and cultural rights.
2. Fundamental rights refer specifically to rights enshrined in a country's constitution while human rights are universal and inherent to all humans. Fundamental rights are justiciable in a court of law.
3. The modern human rights movement emerged after World War II when the UN adopted the Universal Declaration of Human Rights in 1948. This was followed by core international human rights treaties and the establishment of international standards
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...Dr Lendy Spires
This document summarizes the 13th United Nations Congress on Crime Prevention and Criminal Justice, which took place in Doha, Qatar in April 2015. The congress focused on strengthening the rule of law to support sustainable development. Establishing legal frameworks and enforcing rules and procedures helps to effectively deliver services like health and education, while their absence can hinder meeting development goals. The congress also discussed the importance of including the rule of law and strengthening criminal justice systems in the sustainable development goals. Reforming criminal justice systems presents challenges, but coordinated efforts across police, prosecution, courts, and prisons can help address crimes more effectively.
Governments Falter in Fight Against Corruption - The poorest people punished ...Afrobarometer
The Afrobarometer survey found that perceptions of corruption are high across many African states. Over half of respondents in 34 countries said their governments are doing a bad job fighting corruption. Police, tax officials, and other government workers received the highest corruption ratings. Experiences of bribery are common, with over 30% of respondents paying bribes for documents or services. The poor are most vulnerable to demands for bribes. High corruption is linked to dissatisfaction with democracy.
The document summarizes efforts by the UNFPA and African nations to improve sexual and reproductive health and rights in Africa. Key points include:
- The UNFPA executive director applauded African leaders for approving a Continental Policy Framework for Sexual and Reproductive Health.
- UNFPA is partnering with the African Union and regional economic communities to strengthen capacity and data management related to population and development issues.
- Plans are underway for a Pan-African Youth Charter and Youth Federation to promote youth empowerment and participation.
- Countries are exploring opportunities for South-South cooperation between China and African nations on population training and best practices.
- Anti-fistula campaigns are gaining momentum across Africa with medical
Algeria : Access to Online Information and Knowledge Khaled Koubaa
Global Information Society Watch
Report Year 2009 : Algeria - Access to Online Information and Knowledge
Authors: Mondher Laabidi
Organization: Arab World Internet Institute
Website: http://www.aw2i.org/
ARTICLE 19 trained over 2,000 activists, journalists, and public officials around the world in 2014 on issues related to freedom of expression and information. Key areas of training included physical and digital security, freedom of expression laws, media regulation, the right to information, and working in risky environments. Trainings were conducted in multiple countries and regions, focusing on local and national challenges to civic participation, access to information, and protection for those defending human rights.
Pravesh Laloo Daya IE Business School Application Presentationpraveshlaloodaya
The document discusses corruption in Africa and actions that could be taken by the United Nations Secretary General. It notes that corruption costs Africa over $148 billion per year, stifling economic growth and deterring investment. While the UN already does work to fight corruption, more aggressive action is needed. The author would demand that the Secretary General establish an anti-corruption task force to investigate and prosecute severe corruption cases across Africa and globally, as local efforts are often ineffective due to corrupt politicians undermining nations. Some may argue this undermines sovereignty, but the author believes UN intervention is necessary given how widespread and damaging corruption has become.
This document discusses corruption in Indian governance. It defines corruption as the misuse of public office for private gain. Corruption exists at all levels of government and society. Both public officials and citizens share responsibility as they both participate in corrupt acts. The document examines the causes of corruption and suggests measures to prevent it, including improving governance, enforcing rule of law, and increasing public awareness of rights. Overall, the document analyzes the problem of corruption in India and how different stakeholders must work together to reduce corrupt practices.
Multi-stakeholder partnerships play an increasingly important role in implementing sustainable development. Such partnerships involve collaboration between state and non-state actors like organizations, businesses, and civil society. The Rio+20 Conference highlighted their importance and led to over 700 voluntary commitments being registered. The UN established an online registry to track these commitments and promote transparency. The High-Level Political Forum is discussing how to best support partnerships and ensure accountability in achieving sustainable development goals.
The document is the annual report of the United Nations Secretary-General's Special Advocate for Inclusive Finance for Development (UNSGSA). It summarizes the UNSGSA's activities in 2009-2010 to promote greater global financial inclusion.
The UNSGSA, HRH Princess Máxima of the Netherlands, advocates at the national and global levels to raise awareness of financial inclusion and the need for access to financial services for underserved populations. In the past year she has visited several countries including India, Liberia, Mexico, Rwanda and Tanzania to meet with government and private sector leaders. She focuses on key themes such as access to savings, support for small and medium enterprises, consumer protection, and using
Strategy and Empowering the Third Billion Full ReportDr Lendy Spires
Nearly 1 billion women around the world could enter the global economy during the coming decade. They are poised to play a significant role in countries around the world—as significant as that of the billion-plus populations of India and China.
Yet this Third Billion has not received sufficient attention from governments, business leaders, or other key decision makers in many countries. There is compelling evidence that women can be powerful drivers of economic growth. Our own estimates indicate that raising female employment to male levels could have a direct impact on GDP of 5 percent in the United States, 9 percent in Japan, 12 percent in the United Arab Emirates, and 34 percent in Egypt; but, greater involvement from women has an impact beyond what their numbers would suggest.
For example, women are more likely than men to invest a large proportion of their household income in the education of their children. As those children grow up, their improved status becomes a positive social and economic factor in their society. Thus, even small increases in the opportunities available to women, and some release of the cultural and political constraints that hold them back, can lead to dramatic economic and social benefits. In that context, a critical question of the 21st century becomes: What can governments, companies, investors, and NGOs do to ensure that the Third Billion realizes its potential? One of the factors that makes the Third Billion so powerful—its global reach—also makes that question difficult to answer. Any answer must start with an assessment of the specific constraints faced by Third Billion constituents in a given region.
To begin understanding the levers available to decision makers, we developed the Third Billion Index, a means of ranking countries in terms of how effectively they are empowering women as economic agents in the marketplace. The index itself is a composite of established data drawn from the World Economic Forum and the Economist Intelligence Unit, among other sources. Our composite index is unique, however, in that we have chosen to focus on women’s economic and professional empowerment. The Third Billion Index groups the indicators of women’s economic standing into two clusters. The first is “inputs,” meaning steps that governments and the private sector can take to improve the economic position of women. These inputs include laws and policies regarding minimum schooling, employment policies during and after childbirth, and access to credit.
WSIS10 Action Line C7 e-Agriculture Lead Facilitator: FAODr Lendy Spires
This document summarizes the 10-year implementation of the WSIS Action Line C7 on e-Agriculture. Key points include:
1) The FAO leads e-Agriculture efforts to enhance sustainable agriculture through ICT. An e-Agriculture community of over 13,000 members from 170 countries facilitates knowledge sharing.
2) Important achievements include increased mobile phone access in rural areas, providing information to farmers. However, access remains unequal and content must be tailored locally.
3) Moving forward, recommendations focus on building capacity, improving content relevance, combining technologies, ensuring inclusion of women and youth, strengthening partnerships, and developing supportive policies.
4) Continued progress requires addressing
Commonwealth foundation civil society engagement strategy 0Dr Lendy Spires
This document provides the Civil Society Engagement Strategy for the Commonwealth Foundation from 2013-2016. It outlines the rationale for developing the strategy, which is to provide a framework for empowering and engaging civil society to achieve more effective, responsive and accountable governance in the Commonwealth with civil society participation.
The strategy identifies three core areas of constructive engagement: 1) capacity development to strengthen civil society, 2) enhancing platforms and spaces for engagement, and 3) sharing good practices and knowledge management. It also discusses aligning with international principles of development cooperation and outlines objectives to guide implementation of initiatives enhancing collaboration between civil society and governance institutions.
Highlights - 2018 Global Anti-Corruption & Integrity ForumOECD Governance
The document summarizes an OECD conference on integrity and anti-corruption that was held in Paris from March 27-28, 2018. It involved over 1,800 participants from 120 countries, including 122 leaders and expert speakers representing government, business, and civil society. There were 24 thematic sessions and 18 research poster presentations. The conference promoted integrated anti-corruption strategies and practices to ensure inclusive growth and more effective public policies. Discussions focused on issues like international cooperation against corruption, governance and integrity in public infrastructure projects, influence in public decision-making, and using settlements to resolve foreign bribery cases.
Benin was an early pioneer of democracy in Africa and signed onto the African Peer Review Mechanism (APRM) in 2004, making it the first French-speaking West African country to complete the APRM process. The implementation of the APRM in Benin was characterized by efforts to maximize citizen participation through the creation of a large Independent National Commission. However, the commission suffered from administrative shortcomings due to prioritizing representation over effectiveness. Strong commitment from President Boni Yayi helped compensate for these issues. The APRM process allowed for open national dialogue and identified areas for governance improvements in Benin's program of action. Implementing this program of action is now a priority to build upon Benin's democratic
This document provides an overview and assessment of Ethiopia's participation in the African Peer Review Mechanism (APRM) process. It summarizes the key stages and structures of Ethiopia's APRM process from 2007 to 2011. It finds that while the government was supportive, the process lacked transparency and meaningful civil society participation. The National Governing Council that managed the process was dominated by government-selected representatives. Stakeholder engagement beyond this council was limited. The country self-assessment report produced was not made public and failed to address critical issues. The report recommends greater transparency, broader civil society involvement, and efforts to implement and monitor outcomes of the APRM process.
This document summarizes the findings of a study on electoral management in six West African countries. Three main models of electoral management bodies were found: single independent commissions in Benin, Ghana and Nigeria; two or more independent commissions in Sierra Leone; and hybrid systems involving both government and independent bodies in Cape Verde and Senegal. There is a trend toward establishing independent commissions through constitutions to insulate the electoral process from political interference. However, questions remain about the cost of elections, dispute adjudication, stakeholder partnerships, and presidential term limits. The major challenges for electoral bodies involve balancing political and economic interests with democratic values.
This document summarizes the key findings of the 9th edition of Transparency International's Global Corruption Barometer survey. Some of the main results include:
- Nearly 6 in 10 people thought their government was doing a bad job fighting corruption. Police and elected representatives were seen as the most corrupt public institutions.
- On average, 1 in 4 public service users had to pay a bribe in the past year. The average bribery rate was highest in the Middle East/North Africa and Commonwealth of Independent States.
- Over half of respondents felt ordinary citizens can make a difference in fighting corruption, though views varied significantly by country.
The document provides the statement of objects and reasons for the Jan Lokpal Bill 2011 in India. It summarizes that corruption has become a major problem in India that existing anti-corruption institutions have failed to address. It aims to establish an independent Lokpal authority, as required by the UN Convention Against Corruption, to investigate and prosecute corruption cases against public officials and ensure transparency, accountability and public participation in its functioning. The bill seeks to provide independence to the anti-corruption machinery from undue influences to effectively tackle the menace of corruption.
1) The document discusses open data and its benefits. Open data refers to government data that is freely available for anyone to access, use and share without legal, technological or financial barriers.
2) Benefits of open data include promoting transparency, encouraging public participation, enhancing government effectiveness and efficiency, and creating economic opportunities. Many countries and organizations around the world have embraced open data initiatives.
3) In 2011, the Open Government Partnership was launched with founding members committing to make their governments more transparent, accountable, and responsive to citizens through open data and open government practices. Over 40 countries have since joined or are developing open data commitments.
Training Manual on Human Rights and Local GovernanceShankor Paul
1. Human rights are basic rights and freedoms that belong to all people regardless of nationality, sex, race or religion. They include civil and political rights like the right to life and liberty as well as economic, social and cultural rights.
2. Fundamental rights refer specifically to rights enshrined in a country's constitution while human rights are universal and inherent to all humans. Fundamental rights are justiciable in a court of law.
3. The modern human rights movement emerged after World War II when the UN adopted the Universal Declaration of Human Rights in 1948. This was followed by core international human rights treaties and the establishment of international standards
Successes and Challenges in Strengthening the Rule of Law to supporrt Sustain...Dr Lendy Spires
This document summarizes the 13th United Nations Congress on Crime Prevention and Criminal Justice, which took place in Doha, Qatar in April 2015. The congress focused on strengthening the rule of law to support sustainable development. Establishing legal frameworks and enforcing rules and procedures helps to effectively deliver services like health and education, while their absence can hinder meeting development goals. The congress also discussed the importance of including the rule of law and strengthening criminal justice systems in the sustainable development goals. Reforming criminal justice systems presents challenges, but coordinated efforts across police, prosecution, courts, and prisons can help address crimes more effectively.
Governments Falter in Fight Against Corruption - The poorest people punished ...Afrobarometer
The Afrobarometer survey found that perceptions of corruption are high across many African states. Over half of respondents in 34 countries said their governments are doing a bad job fighting corruption. Police, tax officials, and other government workers received the highest corruption ratings. Experiences of bribery are common, with over 30% of respondents paying bribes for documents or services. The poor are most vulnerable to demands for bribes. High corruption is linked to dissatisfaction with democracy.
The document summarizes efforts by the UNFPA and African nations to improve sexual and reproductive health and rights in Africa. Key points include:
- The UNFPA executive director applauded African leaders for approving a Continental Policy Framework for Sexual and Reproductive Health.
- UNFPA is partnering with the African Union and regional economic communities to strengthen capacity and data management related to population and development issues.
- Plans are underway for a Pan-African Youth Charter and Youth Federation to promote youth empowerment and participation.
- Countries are exploring opportunities for South-South cooperation between China and African nations on population training and best practices.
- Anti-fistula campaigns are gaining momentum across Africa with medical
Algeria : Access to Online Information and Knowledge Khaled Koubaa
Global Information Society Watch
Report Year 2009 : Algeria - Access to Online Information and Knowledge
Authors: Mondher Laabidi
Organization: Arab World Internet Institute
Website: http://www.aw2i.org/
ARTICLE 19 trained over 2,000 activists, journalists, and public officials around the world in 2014 on issues related to freedom of expression and information. Key areas of training included physical and digital security, freedom of expression laws, media regulation, the right to information, and working in risky environments. Trainings were conducted in multiple countries and regions, focusing on local and national challenges to civic participation, access to information, and protection for those defending human rights.
Pravesh Laloo Daya IE Business School Application Presentationpraveshlaloodaya
The document discusses corruption in Africa and actions that could be taken by the United Nations Secretary General. It notes that corruption costs Africa over $148 billion per year, stifling economic growth and deterring investment. While the UN already does work to fight corruption, more aggressive action is needed. The author would demand that the Secretary General establish an anti-corruption task force to investigate and prosecute severe corruption cases across Africa and globally, as local efforts are often ineffective due to corrupt politicians undermining nations. Some may argue this undermines sovereignty, but the author believes UN intervention is necessary given how widespread and damaging corruption has become.
This document discusses corruption in Indian governance. It defines corruption as the misuse of public office for private gain. Corruption exists at all levels of government and society. Both public officials and citizens share responsibility as they both participate in corrupt acts. The document examines the causes of corruption and suggests measures to prevent it, including improving governance, enforcing rule of law, and increasing public awareness of rights. Overall, the document analyzes the problem of corruption in India and how different stakeholders must work together to reduce corrupt practices.
Multi-stakeholder partnerships play an increasingly important role in implementing sustainable development. Such partnerships involve collaboration between state and non-state actors like organizations, businesses, and civil society. The Rio+20 Conference highlighted their importance and led to over 700 voluntary commitments being registered. The UN established an online registry to track these commitments and promote transparency. The High-Level Political Forum is discussing how to best support partnerships and ensure accountability in achieving sustainable development goals.
The document is the annual report of the United Nations Secretary-General's Special Advocate for Inclusive Finance for Development (UNSGSA). It summarizes the UNSGSA's activities in 2009-2010 to promote greater global financial inclusion.
The UNSGSA, HRH Princess Máxima of the Netherlands, advocates at the national and global levels to raise awareness of financial inclusion and the need for access to financial services for underserved populations. In the past year she has visited several countries including India, Liberia, Mexico, Rwanda and Tanzania to meet with government and private sector leaders. She focuses on key themes such as access to savings, support for small and medium enterprises, consumer protection, and using
Strategy and Empowering the Third Billion Full ReportDr Lendy Spires
Nearly 1 billion women around the world could enter the global economy during the coming decade. They are poised to play a significant role in countries around the world—as significant as that of the billion-plus populations of India and China.
Yet this Third Billion has not received sufficient attention from governments, business leaders, or other key decision makers in many countries. There is compelling evidence that women can be powerful drivers of economic growth. Our own estimates indicate that raising female employment to male levels could have a direct impact on GDP of 5 percent in the United States, 9 percent in Japan, 12 percent in the United Arab Emirates, and 34 percent in Egypt; but, greater involvement from women has an impact beyond what their numbers would suggest.
For example, women are more likely than men to invest a large proportion of their household income in the education of their children. As those children grow up, their improved status becomes a positive social and economic factor in their society. Thus, even small increases in the opportunities available to women, and some release of the cultural and political constraints that hold them back, can lead to dramatic economic and social benefits. In that context, a critical question of the 21st century becomes: What can governments, companies, investors, and NGOs do to ensure that the Third Billion realizes its potential? One of the factors that makes the Third Billion so powerful—its global reach—also makes that question difficult to answer. Any answer must start with an assessment of the specific constraints faced by Third Billion constituents in a given region.
To begin understanding the levers available to decision makers, we developed the Third Billion Index, a means of ranking countries in terms of how effectively they are empowering women as economic agents in the marketplace. The index itself is a composite of established data drawn from the World Economic Forum and the Economist Intelligence Unit, among other sources. Our composite index is unique, however, in that we have chosen to focus on women’s economic and professional empowerment. The Third Billion Index groups the indicators of women’s economic standing into two clusters. The first is “inputs,” meaning steps that governments and the private sector can take to improve the economic position of women. These inputs include laws and policies regarding minimum schooling, employment policies during and after childbirth, and access to credit.
WSIS10 Action Line C7 e-Agriculture Lead Facilitator: FAODr Lendy Spires
This document summarizes the 10-year implementation of the WSIS Action Line C7 on e-Agriculture. Key points include:
1) The FAO leads e-Agriculture efforts to enhance sustainable agriculture through ICT. An e-Agriculture community of over 13,000 members from 170 countries facilitates knowledge sharing.
2) Important achievements include increased mobile phone access in rural areas, providing information to farmers. However, access remains unequal and content must be tailored locally.
3) Moving forward, recommendations focus on building capacity, improving content relevance, combining technologies, ensuring inclusion of women and youth, strengthening partnerships, and developing supportive policies.
4) Continued progress requires addressing
Commonwealth foundation civil society engagement strategy 0Dr Lendy Spires
This document provides the Civil Society Engagement Strategy for the Commonwealth Foundation from 2013-2016. It outlines the rationale for developing the strategy, which is to provide a framework for empowering and engaging civil society to achieve more effective, responsive and accountable governance in the Commonwealth with civil society participation.
The strategy identifies three core areas of constructive engagement: 1) capacity development to strengthen civil society, 2) enhancing platforms and spaces for engagement, and 3) sharing good practices and knowledge management. It also discusses aligning with international principles of development cooperation and outlines objectives to guide implementation of initiatives enhancing collaboration between civil society and governance institutions.
This document discusses financial inclusion and the work of the United Nations Secretary-General's Special Advocate (UNSGSA) for Inclusive Finance for Development, H.R.H. Princess Máxima of the Netherlands. It outlines the UNSGSA's role in advocating for greater financial inclusion globally through activities like country visits, meetings with leaders, and convening stakeholders. It also provides examples of innovative financial products and services that are expanding access, while emphasizing the need for continued progress to reach the 2.7 billion people still lacking basic financial services.
The document summarizes the work of the UN Millennium Project's Task Force on Education and Gender Equality. It outlines 7 strategic priorities for achieving gender equality and empowering women: 1) Strengthening girls' access to post-primary education, 2) Guaranteeing sexual and reproductive health and rights, 3) Investing in infrastructure to reduce women's time burdens, 4) Guaranteeing women's property and inheritance rights, 5) Reducing gender inequality in employment, 6) Increasing women's political representation, and 7) Combating violence against women. For each priority, the document discusses the importance, progress to date, challenges remaining, and recommended policy interventions. The overall aim is to place women's
This document is the report of the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil from June 20-22, 2012. It includes resolutions adopted by the conference, details on the organization of the conference, and the outcome document titled "The Future We Want" which was adopted. The report outlines the conference proceedings and reaffirms commitments to sustainable development, poverty eradication, inclusion, and transitioning to green economies.
The document discusses electrosmog (non-ionizing radiation) and its effects on health. It describes how electricity supply systems, appliances, and wireless technologies generate electrosmog. While intensive exposure is known to be harmful, some biological effects may also occur from exposure below international limits. The document aims to objectively describe current research findings on health impacts and suggest ways to reduce personal exposure.
This document discusses how innovation can be harnessed to empower women and promote gender equality. It examines 8 examples of innovations across technology use, social norm change, and economic resilience that benefited women in various parts of the world. The innovations range from the birth control pill to microfinance programs. The document identifies 7 core levers that made these innovations successful in catalyzing meaningful change for women, such as engaging women in design/diffusion and capitalizing on favorable timing/context. Harnessing innovation now presents a major opportunity to achieve women's empowerment goals due to dynamic social and economic changes as well as growing commitment to these issues.
Global panorama on postal finaancial inclusion business models and key issuesDr Lendy Spires
This document provides an overview of postal financial inclusion around the world. It presents different business models used by postal operators to provide financial services, including as a real estate provider, cash merchant, provider of proprietary financial services, agent for financial institutions, and licensed postal financial services. It also discusses key issues related to postal financial inclusion, such as network capacity, staffing, financial capacity, trust, automation, governance, legal/regulatory frameworks, and flexibility. The document includes regional snapshots of postal financial inclusion and aims to fill knowledge gaps to help postal operators and governments advance financial inclusion through postal networks.
This document summarizes the key findings of research conducted by Transparency International on anti-corruption efforts in six South Asian countries. It finds that while countries have passed some anti-corruption laws, political interference and lack of independence weaken enforcement. Citizens face challenges accessing information and there is little whistleblower protection. As a result, corruption is increasing and accountability is lacking. The report calls for strengthening rights to information, whistleblower protection, and the independence of anti-corruption agencies and judiciaries.
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETERMYO AUNG Myanmar
PEOPLE AND CORRUPTION: ASIA PACIFIC
Global Corruption Barometer
https://www.transparency.org/whatwedo/publication/people_and_corruption_asia_pacific_global_corruption_barometer
In the most extensive survey of its kind, we spoke to 21,861 people in 16 countries, regions and territories across the Asia Pacific region between July 2015 and January 2017 about their perceptions and experiences of corruption. The survey results show a great diversity in the corruption risks across the region, but in every country surveyed there is scope for improved approaches to corruption prevention.
https://www.transparency.org/files/content/publication/2017_GCB_AsiaPacific_CoreQuestionnaire_EN.pdf
PEOPLE AND CORRUPTION: ASIA PACIFIC – GLOBAL CORRUPTION BAROMETER
People and Corruption Asia Pacific – Global Corruption BarometerMYO AUNG Myanmar
The survey found that:
1) Few people across Asia Pacific think corruption is declining, with 40% saying it has increased in the last year. Police are seen as the most corrupt institution.
2) People are divided on if governments are effectively fighting corruption, with 50% saying they are doing a bad job and 41% saying good.
3) Over 900 million people paid bribes for public services, with bribery rates varying greatly between countries. India had the highest rate at 69% and Japan the lowest at 0.2%.
Access to information in Middle east and north Africa Hayder Hamzoz
This document provides an overview of access to information laws and developments in Jordan. Key points include:
- Jordan passed an access to information law in 2007, but it has many limitations and has not led to greater government transparency.
- Other laws, such as those around state secrets and cybercrime, conflict with the access to information law and limit its effectiveness.
- Government initiatives to amend laws and address gaps have faced delays and lack of progress.
- Civil society groups have called for stronger access to information laws and greater openness from the government.
The document discusses open data and its benefits. It defines open data as government data that is readily available with no legal or technological barriers. The presentation outlines key benefits of open data including promoting transparency, innovation and economic opportunities. Global trends in open data are examined, including the launch of the Open Government Partnership. Challenges in implementing open data are also reviewed.
This document provides an overview of the right to information and freedom of information laws in Pakistan and Khyber Pakhtunkhwa province. It discusses the principles of freedom of information legislation according to international standards. It outlines Pakistan's Freedom of Information Ordinance 2002 and the legislative framework for RTI. It then focuses on KP's Right to Information Act 2013, describing its key features such as the types of information that must be proactively disclosed and the process for requesting and responding to information. The purpose is to help citizens and civil society advocate for and utilize RTI laws to promote transparency and accountability.
Every day, all over the world, ordinary people bear the cost of corruption. In many countries, corruption affects people from birth until death. In Zimbabwe, women giving birth in a local hospital have been charged US$5 every time they scream as a penalty for raising false alarm.
1 In Bangladesh, the recent collapse of a multi-story factory, which killed more than 1,100 people due to a breach of basic safety standards, has been linked to allegations of corruption.
2 This report examines how corruption features in people’s lives around the world. Drawing on the results of a Transparency International survey of more than 114,000 respondents in 107 countries, it addresses people’s direct experiences with bribery and details their views on corruption in the main institutions in their countries. Significantly, Transparency International’s Global Corruption Barometer also provides insights into how willing and ready people are to act to stop corruption. The findings are clear: corruption is a very real burden, with more than one out of four respondents reporting having paid a bribe during the last year.3 When people are not in a position to afford a bribe, they might be prevented from buying a home, starting a business or accessing basic services. Corruption can, and often does, infringe on fundamental rights.
For those surviving on less than US$2 a day, and for women who are the primary caretakers of children around the globe, corruption and bribery are particularly devastating. For them, the additional cost of bribery can mean trade- offs are made between health and hunger, between school entrance fees and the shoes necessary to wear to school. Not only do people pay the costs of corruption directly, but their quality of life is also affected by less visible forms of corruption. When powerful groups buy influence over government decisions or when public funds are diverted into the coffers of the political elite, ordinary people suffer. When there is widespread belief that corruption prevails and the powerful in particular are able to get away with it, people lose faith in those entrusted with power.
As the Global Corruption Barometer 2013 shows, corruption is seen to be running through the foundations of the democratic and legal process in many countries, affecting public trust in political parties, the judiciary and the police, among other key institutions. Importantly, however, the people surveyed around the world as a part of the Global Corruption Barometer do not view themselves as powerless victims of corruption.
2010-06 analysis of laws inconsistent with human rights in uganda_hurinetAlex Taremwa
This document analyzes laws in Uganda that are inconsistent with the right of access to information as established in Uganda's Access to Information Act of 2005. It focuses on analyzing key provisions of the Official Secrets Act, Evidence Act, and Parliamentary Powers and Privileges Act that contradict the right of access to information. The analysis finds that the Official Secrets Act contains overly broad and ambiguous definitions of classified information and official documents that can be used to unjustifiably withhold information. It also recommends amendments to laws like the Official Secrets Act to harmonize them with Uganda's constitutional right of access to information.
FIGHTING CORRUPTION IN SOUTH ASIA: BUILDING ACCOUNTABILITY Dr Lendy Spires
Hardly a speech is delivered in South Asia without mention of the need to fight corruption in the region. Yet despite the lofty promises, corruption is on the rise. This report shows how a serious lack of political will on the part of governments to make laws work, means that government action to fight corruption is largely ineffective. The report draws on the findings of in-depth research on anti-corruption efforts in Bangladesh, India, Maldives, Nepal, Pakistan and SriLanka, which analysed almost 70 institutions across the six countries.
While none of the institutions assessed were found to be free from corruption risks, this report focuses in particular on the judiciary and anti-corruption agencies as critical actors in the fight against corruption. It highlights common challenges in the region and presents the governments of South Asia with a clear set of urgent priorities which need to be addressed in order to translate their anti-corruption rhetoric into concrete action.
The key findings of the report are:
1. Citizens find themselves unable to access key information on how their governments are performing in order to hold them to account.
2. The lack of meaningful protection for whistleblowers means that the chances of detecting wrongdoing by those in positions of power are slim.
3. Widespread political interference in the critical work of anti-corruption agencies and the judiciary makes them ineffective in keeping a check on government.
This situation presents serious challenges for the rule of law in the region. Some laws are inconsistent with international standards, while others are not equally enforced and independently adjudicated. As a result, corruption and other crimes are not effectively and impartially investigated or punished. This creates an atmosphere where the corrupt continue to get away with abusing their positions for their own personal gain at the public’s expense. Nevertheless, there have been some positive developments in the fight against corruption over the last 10 years. Most significantly, all six countries in this study have ratified the UN Convention against Corruption. However, there is still a long way to go to turn these commitments into meaningful action. The analysis presented here suggests a worrying reluctance on the part of the governments concerned to enable citizens to help shape the decisions that affect their daily lives.
The right to information:
A long way to go Citizens continue to face challenges in realising their right to information. When citizens’ right to know is denied, they are less able to hold decision makers to account for their actions. Comprehensive Right to Information (RTI) legislation is in place in Bangladesh, India and Nepal and has recently been passed in Maldives.
NORMES INTERNATIONALES SUR LA TRANSPARENCE ET LA RESPONSABILISATIONJamaity
Produit en collaboration avec le Centre pour le droit et la démocratie, ce document d'information se fonde sur deux sources de droit mous et durs pour illustrer les fondements du droit international en matière de transparence et de responsabilité.
This document discusses transparency and accountability, which are key elements of democracy. It defines transparency as state actors operating in an open manner, including through rights like access to information laws. Accountability means state actors are responsible for their decisions and actions, requiring answerability and mechanisms for enforcement. The document notes transparency and accountability are mutually reinforcing, while accountability systems go beyond transparency. It outlines ten international standards for transparency, particularly regarding the right to information.
Open Data And The Fight Against Corruption In FranceFrenchWeb.fr
France has taken steps to implement open data principles and increase transparency, adopting laws that aim to make data open by default, timely, accessible, and interoperable. However, full implementation of these principles faces challenges from cultural resistance to sharing information and a lack of technical infrastructure. While some anti-corruption datasets are available, like government budgets and procurement, anti-corruption is not a main priority of France's open data policy and impact has been limited. The report evaluates France's implementation of the G20 Open Data Principles and finds room for improvement, particularly in making more sensitive anti-corruption data openly available and using open data actively in the fight against corruption.
Analyzing the influence of information and communication technology on the sc...JohnGacinya
Rwanda‟s Information Communication and Technology (ICT) sector is among the fastest growing ICT sectors in Africa. Mobile phone penetration had risen to 65% and internet spread was above 20% in 2013. ICT is double edged and has had positive and negative effects to the Rwandan society. It is hoped that Information communication technology is likely to reduce unemployment and transform the country into a competitive, knowledge based economy.
This document summarizes an assessment of open government data readiness in Indonesia. It finds that while Indonesia is actively engaged in open government initiatives, open government data is not yet a high priority. The concept of open government data is largely unknown among government officials. The legal framework for access to government information is strong but implementation is inconsistent. Overall perceptions of open government data are positive if privacy and security concerns are addressed. The assessment identifies challenges and opportunities for Indonesia to develop a sustainable open government data program.
The document summarizes a World Bank report on combating corruption in the Philippines. It was requested by the Estrada administration in 1999 to make recommendations. The World Bank accepted because corruption reduces efforts to reduce poverty and assist growth. Surveys found that nearly two thirds of Filipinos believe there is corruption in government. The report analyzes information on the prevalence and impact of corruption in both the public and private sectors. It also discusses lessons that can be learned from other countries' anticorruption programs.
Seven Key Findings from the Youth Governance SurveyOECD Governance
This brochure presents the preliminary findings from a large-scale survey which was sent to nine countries in the MENA region.The surveys explore the opportunities for young people to engage in public life and analyses the efforts undertaken by
governments and public administrations to deliver policies and
services that are responsive to their specific needs from a public
governance perspective.
This document proposes governance targets and indicators for inclusion in the UN's Post-2015 development framework. It argues that open, inclusive, accountable and effective governance should be a stand-alone goal and integrated into other goals. Five specific governance targets are outlined: 1) ensuring access to development information, 2) curbing corruption and illicit flows, 3) enhancing public institution effectiveness and accountability, 4) increasing citizen participation, and 5) ensuring corporate transparency and accountability. Global minimum standards and possible indicators are suggested for each target to balance diversity and comparability. The proposal is endorsed by over 50 civil society organizations.
This document proposes governance targets and indicators for inclusion in the UN's Post-2015 development framework. It argues that open, inclusive, accountable and effective governance should be a stand-alone goal and integrated into other goals. Five specific governance targets are outlined: 1) ensuring access to development information, 2) curbing corruption and illicit financial flows, 3) enhancing public institution effectiveness and accountability, 4) increasing citizen participation, and 5) ensuring corporate transparency and accountability. Global minimum standards and possible indicators are suggested for each target to balance diversity and comparability.
Speech by Ambassador Andrea Matteo Fontana, EU Delegation to Jordan, launching ceremony of the SIGMA report on "Integrity risk assessment in the Jordanian Procurement System", 30 January 2017.
The national anti corruption conference 2014Lwazi L.
The purpose of the National Anti-Corruption Conference 2014 is to lobby for multi-sectoral collaboration and standardisation in the fight against corruption in South Africa. The Conference provides an opportunity for high-level
government and business representatives, as well as civil society, to examine best practices for combating corruption with a particular focus on; promoting transparency and integrity in organising sport and other major events and
establishing cutting-edge measures for governments and business to combat corruption.
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3. This report is part of a larger, region-wide project, entitled ‘Addressing Corruption Through
Information and Organized Networking’ (ACTION). ACTION is a four-country project covering
Egypt, Morocco, Palestine and Yemen. Its overall goal is to promote access to information and
enhance the capacity of civil society, as the basis for good governance and public accountability in
the Middle East and North Africa (MENA).
As part of this project, Transparency International chapters and partners in Egypt, Morocco,
Palestine and Yemen carried out research into the potential to access information to the degree
necessary to detect and address corruption under existing laws. This report both provides a
summary of the findings in the four project countries and an overview of access to information and
corruption in the broader Middle East and North Africa region.
Research for the four national reports was carried out by Transparency International’s chapters in
Morocco (Transparency Maroc) and Palestine (The Coalition for Accountability and Integrity –
AMAN), by the chapter in formation in Yemen (The Yemeni Team for Transparency and Integrity),
and by the Center for Development Services in Egypt. This regional report was researched,
prepared and written by staff from the Middle East and North Africa programme at Transparency
International’s secretariat in Berlin.
4. Contents
1
Executive Summary 3
Trends 3
Challenges 4
Outlook 4
Recommendations 5
About the Report 6
Objective 6
Methodology 6
Limitations 6
Access to information in Egypt, Morocco, Palestine and Yemen 7
Trends 7
Challenges 11
Outlook 15
Conclusions 16
Recommendations 17
Resource guide 20
References 22
Annex I: Access to Information 24
Annex II: Definitions 26
5. 2
List of Abbreviations and Acronyms
ACTION Addressing Corruption Through Information and Organized
Networking
ALAC Advocacy and Legal Advice Centre
AMAN Coalition for Accountability and Integrity – Transparency
International Palestine
TI Transparency International
YTTI Yemeni Team for Transparency and Integrity
UN United Nations
UNCAC United Nations Convention Against Corruption
6. Executive Summary
Transparency International believes that the effective implementation of an access to information
law is essential for addressing corruption. Information is fundamental to making informed decisions.
Information is also power. Where it is not freely accessible, corruption can thrive and basic rights
may not be realised. Corruption can be hidden behind a veil of secrecy. Those with privileged
access to information can demand bribes from others seeking such information. People may be
denied basic health or education services if they lack information about their rights. Governments
can hide their actions by controlling or censoring the media, preventing essential information in the
public interest from being reported.1
3
“Access to information acts are grounded in the recognition ‘that information in the control of
public authorities is a valuable public resource and that public access to such information
promotes greater transparency and accountability of those public authorities, and that this
information is essential to the democratic process’. The purpose of these acts, also known as
access to information laws, is to make a government more open and accountable to its
people. In transitional democracies, laws that give effect to the right to information are part of
the process of transforming a country from one with a closed and authoritarian government to
one governed by and for the people”.2
In 2012 and 2013, Transparency International national chapters and partners carried out research
into the possibility of accessing information in general and through sector-specific laws in Egypt,
Morocco, Palestine and Yemen. They found that in none of the countries assessed were existing
laws or their implementation adequate for people and civil society to use in the fight against
corruption and that governments across the region should take steps to make access to information
a reality, both as a right and as a tool to fight corruption.
Trends
Access to public information remains limited across the Middle East and North Africa. While the
countries and territories assessed in this project (Egypt, Morocco, Palestine and Yemen) have
committed themselves in international law to the right of access to information, only Yemen has
translated this commitment into national law (although the Yemeni law is not yet implemented, as
the government has not yet issued implementing regulations).3 Morocco has incorporated it as a
specific constitutional right,4 which can be a good first step before passing and implementing a law.
In the broader region, Jordan5 and Tunisia6 have access to information laws. However both these
laws have faced criticism, and Tunisia’s is yet to be implemented.7 Looking beyond the law, access
to information provisions that do exist are not implemented in all countries.8 In several international
1 Transparency International, Access to information, http://www.transparency.org/topic/detail/accesstoinformation [accessed
22 May 2013].
2 As above.
3 The Yemeni Team for Transparency and Integrity, It belongs to you: Public information in Yemen (Sana’a: YTTI, 2013), p. 9
4 Transparency Maroc, It belongs to you: Public Information in Morocco (Rabat: Transparency Maroc, 2013), p. 13
5 Business Anti-Corruption Portal’, Jordan Country Profile – Public Anti-Corruption Initiatives’, http://www.business-anti-corruption.
com/country-profiles/middle-east-north-africa/jordan/initiatives/public-anti-corruption-initiatives/ [accessed 12 July
2013].
6 World Bank, ‘Tunisia Acts on Open-Government and Access to Information Reforms’ March 29, 2012,
http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/0,,contentMDK:23156519~pagePK:64257043~piPK:437376~theSiteP
K:4607,00.html [accessed 12 July 2013], FreedomInfo.org, ‘Tunisia Issues Decree on Access to Documents’ 11 July 2011,
http://www.freedominfo.org/2011/07/tunesia-issues-decree-on-access-to-documents/ [accessed 15 August 2013].
7 Mona Yahia, ‘Free speech under threat in Tunisia’, Magharebia, 1 July 2013,
http://magharebia.com/en_GB/articles/awi/features/2013/07/01/feature-02 [accessed 23 July 2013], Business Anti-Corruption
Portal, 'Jordan Country Profile – Public Anti-Corruption Initiatives'.
8 The Yemeni Team for Transparency and Integrity, 2013, p. 34, Transparency International, The good governance
challenge: Egypt, Lebanon, Morocco and Palestine (Berlin: Transparency International, 2010), pp.14-15.
7. rankings and scorings, Middle East and North African countries rank or score in the lower half,
indicating restrictions on transparency and accountability.9
Challenges
Transparency International chapters in Morocco, Palestine and Yemen and a partner organisation
in Egypt looked in depth into the state of access to information in their countries and identified a
number of challenges to the realisation of this right. In the absence of access to information laws (or
the lack of an implemented law), existing legislation in all four countries did not meet international
principles for access to information and would not enable individuals or civil society organisations to
identify possible instances of corruption. Secrecy laws in Egypt and Morocco further hamper the
limited rights of access to information that exist in other laws.10
Case studies conducted in Egypt, Morocco and Yemen illustrated this problem. In sectors with
reported high levels of corruption, Transparency International chapters and partners found it was
not possible to identify and track resource flows or reasons for decisions through existing laws,
severely hampering the ability of civil society and other interested parties to report on instances of
possible corruption.11
Outlook
Access to information is on the agenda of governments across the region, and all four governments
are making strides to pass and implement access to information provisions. In 2011 Morocco
included the right of access to information in its constitution and in 2013 drafted a corresponding
law. In 2012 Yemen enacted an access to information law and may yet include it as a constitutional
right. Prior to the change in Egypt’s government in July 2013, the government had drafted an
access to information law and had included the right of access to information in the 2012
constitution.
Civil society participation in drafting the laws and constitutional amendments has improved,
especially in Yemen, Egypt and Palestine, but government drafters did not adequately incorporate
expert civil society comments. Progress in passing and implementing laws remains inadequate
despite civil society pressure. Governments in all Middle East and North African countries should
seek the active involvement of civil society in developing access to information laws across the
region and should prioritise passing and implementing strong access to information laws as a tool to
fight corruption.
9 Reporters Without Borders, World Press Freedom Index 2013 (Paris: Reporters Without Borders, 2013), pp. 20-24,
International Budget Partnership, Open Budget Survey 2012 (Washington D. C: International Budget Partnership, 2013), p.
7, World Bank Worldwide Governance Indicators, Statistical Table: Voice and Accountability, comparison across selected
countries 2011 http://info.worldbank.org/governance/wgi/mc_chart.asp [accessed 12 July 2013].
10 Transparency International, It belongs to you: Public Information in Egypt (Berlin: Transparency International, 2013), p. 14,
Transparency Maroc, 2013, p. 14.
11 Transparency Maroc, 2013, pp. 32-39, Yemeni Team for Transparency and Integrity, pp. 28-33, Transparency
International, 2013, pp. 38-43.
4
8. Recommendations
Based on the findings of the four national reports and after additional research for the regional
overview report, Transparency International makes the following summary recommendations (a full
list of recommendations can be found at the end of the report):
TABLE 1: Recommendations
KEY RECOMMENDATIONS
Governments and parliaments should draft and pass access to information laws that comply with
international standards. Countries should embed these laws as part of their legislative framework and
should consider enshrining access to information as a specific right in their constitutions.
Governments should implement access to information laws effectively, train officials and proactively make
information available in accessible, comparable and timely formats online and in government offices.
Governments and parliaments should remove laws preventing or limiting access to information and revise
laws with over-broad national security exemptions, in line with international good practice.
Governments and civil society should proactively inform people about access to information laws and
encourage their use.
5
9. 1. Everyone has a right, without discrimination, to access
information held by public bodies.
3. There is no need to justify why information is needed or
what will be done with it.
4. Public officials should have the obligation to help
requestors prepare the request or identify the public body
to send it to.
7. Viewing originals is always free of charge. The only
charges can be for photocopying or copying material onto
a CD or DVD or other format.
8. In principle all information is accessible, subject to
limited exceptions. Refusals should be justified according
to the exceptions.
10. Public bodies should make available automatically the
main information about their structure, functions, budget
and activities.
6
About the report
Objective
Access to information is an essential tool to fight corruption. Drawing on four national studies in
Egypt, Morocco, Palestine and Yemen, this report seeks to identify issues common to the four
countries – and the Middle East and North Africa more generally – that prevent people and civil
society from using access to information to fight corruption. These can be used to advocate for
lawmakers to pass and governments to
implement access to information laws.
Methodology
Transparency International chapters and
partners assessed access to information in
Egypt, Morocco, Palestine and Yemen
between July 2012 and May 2013. In these
assessments, national chapters and
partners mapped key laws on access to
information and assessed them against 10
access to information principles. Where
appropriate, the researchers used case
studies to highlight gaps in access to
information.
This report is based on the information
within the four national reports, with
additional desk research into access to
information in other Middle East and North
African countries.13
Limitations
Information within this report on Middle East
and North African countries outside of
Egypt, Morocco, Palestine and Yemen was
exclusively carried out through desk
research and therefore relies on information
from third parties. Transparency
International made every effort to use only
reliable sources of information.
Furthermore, the focus of this report was
primarily on the four project countries and,
as such, information on other countries
does not have the same level of detail. The
report does not consider aspects of the right
of access to information other than those
related to corruption.
TABLE 2: ATI Principles
ACCESS TO INFORMATION PRINCIPLES12
2. Filing requests should be simple and free. Requests
can be sent by post, email or fax, delivered in person, or
questions asked verbally.
5. Responses should be fast, within a maximum 15
working day timeframe.
6. Information can be accessed in paper copy or
electronically, and originals can be viewed.
9. Everyone should have the right of appeal against
refusals or against administrative silence, to an
independent body and to the court.
12 Access Info Cyprus, Principles for an Open Cyprus. http://www.accessinfocyprus.eu/en/principles-for-an-open-cyprus.html
[accessed 22 May 2013], p. 36.
13 Transparency International defines Middle East and North African countries as: Algeria, Bahrain, Egypt, Iran, Iraq, Jordan,
Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, the United Arab
Emirates and Yemen.
10. Access to information in the Middle East and
North Africa
Despite moves towards
adopting legal frameworks for
access to information, the
people of Egypt, Morocco,
Palestine and Yemen do not yet
benefit from solid legal
protections of this right.
Egypt, Morocco and Palestine
lack access to information laws,
reflecting the situation in the
broader region. In all four
countries, compliance with
international commitments and
the need to address corruption
requires effective
implementation of the right of
access to information through
robust, effectively implemented
legislation.
Trends
International
commitments
All four countries have ratified
either the International
Covenant on Civil and Political
Rights or the Arab Charter on
Human Rights or both.16 Egypt,
Morocco and Yemen are parties
to the United Nations
Convention Against Corruption
(UNCAC).17
TABLE 3: Ratification of conventions which include the right of
access to information14
Note: Information as of July 2013.
RATIFICATION
BY COUNTRY
ICCPR
Article
19
Arab
Charter
Article 32
(1)
ACHPR
Article
9
UNCAC
Articles
10, 13
ALGERIA ● ● ● ●
BAHRAIN ● ● ●
EGYPT ● ○ ● ●
IRAN ● ●
IRAQ ● ▬ ●
JORDAN ● ● ●
KUWAIT ● ○ ●
LEBANON ● ● ●
LIBYA ● ● ● ●
MAURITANIA ● ▬ ● ●
MOROCCO ● ○ ●
OMAN ▬ ▬ ▬
PALESTINE ●
QATAR ▬ ● ●
SAUDI
▬ ● ●
ARABIA
SUDAN ● ○ ● ○
SYRIA ● ● ○
TUNISIA ● ● ● ●
U.A.E. ▬ ● ●
YEMEN ● ● ●
Ratified (●), Signed only (○), Neither signed not ratified (▬). Black squares
15
indicate where a country is not eligible to ratify the treaty.
14 ICCPR: International Covenant on Civil and Political Rights 1966, Arab Charter: Arab Charter on Human Rights 2004,
ACHPR: African Charter on Human and Peoples’ Rights 1981, UNCAC: United Nations Convention Against Corruption 2003.
15 Ratification information taken from the UN Treaty Collection,
http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en [accessed 12 July 2013],
the list of state parties to the Arab Convention on Human Rights on the League of Arab States website
http://www.lasportal.org/wps/portal/las_ar/inner/!ut/p/c5/vZLLjoJQDIafhSdoC8hlCYrc9MxwODhyNgYvIXjDjBMZefqBxMSVup
nYP02a_P37bQoSOh2LS1UWP1V9LPYwB2ksRnbCZzrXEMWHgaEajDgjplmu0fn5Yz-iF-kvyF1Ii-9ukM9W-
0O9jw_KQchBmve8n8Q6hkk6YFH6SY6PIGCO-iLdXk9hu2v5Fht1urNoOvGarpFliEysYzZZNSLDVuBvLLwrnb1SpbNNs3HiOUPbNf1QecFS38jS3siif2VFIMt9vexfbAgsqA
7
8bO
B2yS8UtukkrHUX5A7Uy5Ik!/dl3/d3/L2dBISEvZ0FBIS9nQSEh/?pcid=c27e04804955a572a785ef7abaae88c3 [accessed 12
July 2013], and the list of countries which have signed, ratified/acceded to the African Charter on Human and Peoples’
Rights, complied by the African Union http://www.africa-union.
org/root/au/Documents/Treaties/List/African%20Charter%20on%20Human%20and%20Peoples%20Rights.pdf
[accessed 12 July 2013].
16 Egypt and Morocco have both ratified the ICCPR and signed the Arab Charter, Palestine has ratified the Arab Charter and
is ineligible to ratify the ICCPR, and Yemen has ratified both the ICCPR and Arab Charter.
17 Palestine is not eligible to join.
11. Regionally, project countries are in line with the broader Middle East and North Africa. With the
exception of Oman, all countries within the Middle East and North Africa have ratified at least one of
the international human rights legal standards that require them to give effect to the right of access
to information. Furthermore, several Middle East and North African countries have ratified both the
International Covenant on Civil and Political Rights and the Arab Charter on Human Rights, as well
as the African Charter on Human and Peoples’ Rights, where applicable. Other states have signed
but not yet ratified a treaty, merely obliging them not to defeat its ‘object and purpose’,18 meaning
that they should not take action which would go against the human rights obligations contained in
the treaty, including the right of access to information.
Freedom of expression, under Article 19 of the International Covenant on Civil and Political Rights,
includes the right to ‘freedom to seek, receive and impart information’.19 Elaborating on this article,
the United Nations Human Rights Committee, which provides authoritative interpretation of the
meaning and application of the covenant, stated in 2011 that the right of access to information held
by public bodies requires that state parties should proactively release government information of
public interest, ensure easy, prompt, effective and practical access to that information, implement
necessary procedures (such as an access to information law), process requests in a timely manner,
ensure fees do not constitute an unreasonable impediment to access, provide reasons for refusal,
and make available appeals for a refusal.20
Almost all countries in the region have ratified the UNCAC; the exceptions are Sudan and Syria,
which have only signed, and Oman, which has neither signed nor ratified the convention.21 Of those
eligible, only Algeria and Libya have ratified the African Convention on Preventing and Combating
Corruption.22
The UNCAC obliges state parties to take measures to enhance transparency in public information,
such as adopting and facilitating procedures to allow public access to information relating to the
organisation, functioning and decision-making processes of the state, and to publish information.23 It
also obliges state parties to promote the active participation of individuals and groups, which can
include enhancing transparency and ensuring the public has effective access to information.24
The Open Government Partnership, a voluntary scheme under which governments pledge to adopt
fiscal transparency, promote access to information, subscribe to transparency in public official
income and asset disclosure, and engage citizens,25 is also open for all countries in the Middle East
8
18 Article 18 of the Vienna Convention on the Law of Treaties 1969.
19 International Covenant on Civil and Political Rights, Article 19.
20 UN Human Rights Committee, General Comment No. 34 on Article 19, CCPR/C/GC/34 2011.
21 United Nations Treaty Collection: Convention Against Corruption,
http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-14&chapter=18&lang=en [accessed 12 July
2012].
22 African Union, Countries which have signed, ratified/acceded to the African Charter on Human and Peoples’ Rights,
http://www.africa-union.
org/root/au/Documents/Treaties/List/African%20Charter%20on%20Human%20and%20Peoples%20Rights.pdf
[accessed 12 July 2013].
23 Article 10 ‘…each State Party shall… take such measures as may be necessary to enhance transparency in its public
administration…Such measures may include…(a) Adopting procedures or regulations allowing members of the general
public to obtain, where appropriate, information on the organization, functioning and decision-making processes of its public
administration and, with due regard for the protection of privacy and personal data, on decisions and legal acts that concern
members of the public’.
24 Article 13, ‘Each State Party shall take appropriate measures… to promote the active participation of individuals and
groups outside the public sector…This participation should be strengthened by such measures as…(b) Ensuring that the
public has effective access to information’, Transparency International, UN Convention Against Corruption,
http://archive.transparency.org/global_priorities/other_thematic_issues/access_information/conventions/uncac [accessed 08
May 2012].
25 Open Government Partnership, ‘Open Government Declaration’ http://www.opengovpartnership.org/open-government-declaration
[accessed 12 July 2013].
12. and North Africa to join once they have become eligible. To date only Jordan has become eligible; it
endorsed the declaration on 22 December 2011.26
National situation
All four countries include the right to freedom of expression in their constitutions, of which access to
information is a part. To give effect to this constitutional right, governments should pass an access
to information law. As of 2011, Morocco has additionally included access to information as a
constitutional right. This conforms broadly to the regional situation; apart from Saudi Arabia, all
countries in the Middle East and North Africa include freedom of expression or the press in their
constitutions.
Transforming this right into a
detailed national law is still a
priority in Egypt, Morocco and
Palestine, and in the Middle East
and North Africa more generally.
Implementing the law is a priority
in Yemen.
In Egypt, the government
developed draft information laws
throughout 2012, and in March
2013 the Ministry of Justice and
Freedoms released a last draft for
submission to parliament.27 The
draft law contains a number of
positive aspects. However,
legislators should work to address
remaining weaknesses, in
particular regarding who has
standing to make a request, how
to make a request, and the form
and cost of information provision.
Excepting entire government
agencies from disclosing
information also fails to comply
with international standards.28
Following Morocco’s 2011
inclusion of the right of access to
information in the constitution, the Ministry of Public Service and Administration Modernisation
began drafting an access to information law, largely in isolation of civil society organisations, with
which it did not consult before publishing a draft for public debate in March 2013. Transparency
Maroc expects parliament to pass the law in 2013.29
In April 2005, the Palestinian Legislative Council approved a draft access to information law.
Passage of the law stalled following the suspension of the Legislative Council’s work in 2007. The
2005 draft, while a positive step, does not yet meet international standards. These standards
26 Open Government Partnership, ‘Jordan’, http://www.opengovpartnership.org/countries/jordan [accessed 12 July 2013].
27 Transparency International, 2013, p. 12.
28 As above, p. 44.
29 Transparency Maroc, 2013, p.15.
9
TABLE 4: Implementation in constitutions and national laws
Note: All information correct at the time of going to press.
COUNTRY
Freedom of
Expression/
Press
in the
Constitution
Right to
Information
in the
Constitution
Access to
Information
Law
ALGERIA ● ▬ ▬
BAHRAIN ● ▬ ▬
EGYPT ○ ○ ▬
IRAN ● ▬ ▬
IRAQ ● ▬ ▬
JORDAN ● ▬ ●
KUWAIT ● ▬ ▬
LEBANON ● ▬ ▬
LIBYA ● ▬ ▬
MAURITANIA ● ▬ ▬
MOROCCO ● ● ▬
OMAN ● ▬ ▬
PALESTINE ● ▬ ▬
QATAR ● ▬ ▬
SAUDI ARABIA ▬ ▬ ▬
SUDAN ● ● ▬
SYRIA ● ▬ ▬
TUNISIA ● ▬ ●
U.A.E. ● ▬ ▬
YEMEN ● ▬ ●
Has the provision/law (●), does not have the provision/law (▬),
unclear/transition (○).
13. include clear appeal routes and procedures for making requests, a duty on public bodies to assist
petitioners with their request, and limited exceptions.30
TABLE 5: In practice comparison table
Note: All figures listed are the latest version of rankings available at the time of
going to press.
VOICE AND
ACCOUNTABILITY
INDICATORS
(rank, where 100 is
the highest)33
Kuwait (77) Morocco (38) Lebanon (34.3)
Lebanon (101) Lebanon (33) Kuwait (30.5)
Sudan (170) Iraq (4) Libya (6.1)
Iran (174) Saudi Arabia (1) Syria (3.8)
Syria (176) Qatar (0) Saudi Arabia (3.3)
10
Of the four project countries, only
Yemen has an access to
information law, passed in July
2012.34 Despite many strong
points, the law contains a
number of shortcomings,
including lacking the harm and
public interest tests (see p. 26).
Yemen’s president waited almost
a year before appointing the
information commissioner in May
2013, a requirement under the
law, and has yet to issue
implementing regulations, without
which key procedures of the law
remain unspecified.35
PRESS FREEDOM
INDEX (rank,
where 179 is the
least press
freedom)
31
OPEN BUDGET
INDEX (score
where 100 is the
most open)
32
THREE HIGHEST RANKING COUNTRIES
Mauritania (67) Jordan (57) Tunisia (35.7)
THREE LOWEST RANKING COUNTRIES
This conforms to the regional picture. Jordan36and Tunisia37 are the only other countries in the
region with access to information laws. At the time of writing, two years after passing the law, the
Tunisian president had not issued the governing regulations to allow the law to become
operational,38 and both the Jordanian and Tunisian laws have faced criticism: the Jordanian law for
failing to address conflicts with secrecy laws,39 and the Tunisian law for lacking effective
enforcement mechanisms.40 A recent draft law approved by the Council of Ministers to amend the
access to information law in Jordan, while moving in the right direction, still does not meet
international standards and does not address conflicts with secrecy laws, according to
commentators.41 Governments or parliaments have considered access to information laws in recent
years in at least six other Middle East and North African countries; Bahrain, Egypt, Kuwait,
Lebanon, Morocco and Palestine.42
Looking beyond the laws, this lack of access to information legislation in both project countries and
the region more broadly is reflected in indicators on transparency and participatory governance.
30 The Coalition for Accountability and Integrity - AMAN, It belongs to you: Public Information in Palestine (Ramallah: The
Coalition for Accountability and Integrity – AMAN, 2013), p. 27.
31 Reporters Without Borders, 2013: 20 – 24.
32 International Budget Partnership, 2013: 7.
33 World Bank Worldwide Governance Indicators, Statistical Table: Voice and Accountability, Comparison across selected
countries 2011.
34 The Yemeni Team for Transparency and Integrity, 2013, p. 9.
35 The Yemeni Team for Transparency and Integrity, 2013, pp. 10, 34.
36 Business Anti-Corruption Portal, 'Jordan Country Profile – Public Anti-Corruption Initiatives'.
37 World Bank, ‘Tunisia Acts on Open-Government and Access to Information Reforms’, FreedomInfo.org, ‘Tunisia Issues
Decree on Access to Documents’.
38 Mona Yahia, ‘Free speech under threat in Tunisia’, Magharebia, 1 July 2013,
http://magharebia.com/en_GB/articles/awi/features/2013/07/01/feature-02 [accessed 23 July 2013].
39 Business Anti-Corruption Portal, 'Jordan Country Profile – Public Anti-Corruption Initiatives'.
40 Said Almadhoun, Access to Information in the Middle East and North Africa Region: An overview of recent developments
in Jordan, Lebanon, Morocco and Tunisia (World Bank Institute: 2012), pp.2-3 , 29-30
http://wbi.worldbank.org/wbi/Data/wbi/wbicms/files/drupal-acquia/wbi/Almadhoun-ATI_in_MNA_Region_ENGLISH.pdf
[accessed 13 August 2013].
41 Yahia Shukkeir, Recent Developments: Jordan in World Bank, Regional Dialogue – Advancing Access to Information in
MNA: Supporting Coalitions and Networks (Newsletter No. 5, October 2012), p.14.
42 Said Almadhoun, ‘Status of Freedom of Information Legislation in the Arab World’, 2010 Right2Info 2012,
http://www.right2info.org/resources/publications/Overview%20of%20FOI%20legislation%20in%20the%20Arab%20World%2
0-%20SA%20-%2002-06-2010.doc/view [accessed 23 July 2013].
14. Egypt, Morocco, Palestine and Yemen all fare poorly in terms of open budgeting, press freedom
and voice and accountability.43 Morocco provides an exception in open budgeting in falling within
the band for ‘minimal budget information’, rather than the ‘scant or no budget information’ that Egypt
and Yemen fall into.44 All four rank in the bottom third on press freedom45 and score less than one
third of the maximum points on voice and accountability.46
Indicators for other countries in the Middle East and North Africa are also poor. Countries tend to
rank or score in the bottom half for press freedom, open budgeting and voice and accountability,
with some countries approaching the bottom rankings and lowest scores globally.47
Challenges
Through research for the four national reports, Transparency International chapters and partners in
Egypt, Morocco, Palestine and Yemen found a number of challenges that are impeding people and
civil society from using access to information to fight corruption. These challenges are present in all
four countries.
Governments and parliaments have not passed access to information laws in any of the countries
except Yemen, and in Yemen the government has not issued the implementing regulations for the
law. Consequently, in none of four countries assessed in detail is there a general right of access to
all areas of public information.
Existing laws in all four countries provide access to information in discrete sectors, for example,
regarding the environment or public procurement. However, in addition to the sector-specific focus
of these laws, they also fail to comply with international principles on access to information laws.
This means that even within the sector they apply to, people and civil society are not able in all
circumstances to access the information they may need to fight corruption.
Additionally, in Egypt and Morocco secrecy laws prevent public officials from disclosing information
without official or high level approval. This at best could create confusion when public officials
receive access to information requests, and at worst could undermine and annul them.
A strong and effectively implemented access to information law enables petitioners not only to make
information requests, but obliges public bodies to respond in set formats, establishes clear
timeframes for response and prohibits public bodies from charging high fees. It also enables
petitioners to appeal refusals and requires public bodies to perform harm and public interest tests
before refusing a request, and to provide reasons for doing so.48 The United Nations Human Rights
Committee in General Comment 34 stated that to give effect to Article 19 of the International
Covenant on Civil and Political Rights, state parties should enact procedures – including freedom of
information laws – to enable easy, prompt, effective and practical access to information.49
43 Reporters Without Borders, 2013: pp. 20-24, International Budget Partnership, 2013: p. 7, World Bank Worldwide
Governance Indicators, Statistical Table: Voice and Accountability, comparison across selected countries 2011.
44 International Budget Partnership, 2013: p. 7, Palestine not included.
45 Reporters Without Borders, 2013: pp. 20 – 24.
46 World Bank Worldwide Governance Indicators, Statistical Table: Voice and Accountability, comparison across selected
countries 2011.
47 Reporters Without Borders, 2013: pp. 20-24, International Budget Partnership, 2013: p. 7, World Bank Worldwide
Governance Indicators, Statistical Table: Voice and Accountability, comparison across selected countries 2011.
48 Access Info Europe, KAB and IKME, Access Info Cyprus Report & Recommendations (Madrid: Access Info, November
2011), http://www.accessinfocyprus.eu/images/access-info/
11
final_report/Draft_Report_and_Recommendations_for_Consultation_24_Feb_2011_web.pdf [accessed 22 May 2013],
Article 19, The public’s right to know: Principles on freedom of information legislation (London: Article 19, 1999),
http://www.article19.org/data/files/pdfs/standards/righttoknow.pdf [accessed 22 May 2013].
49 UN Human Rights Committee, General Comment No. 34 on Article 19.
15. 12
Egypt
Egypt does not yet have an access to information law. When carrying out research for the
national report, the Centre for Development Services found that three laws relevant to access to
information and corruption complied only to a very limited extent with international principles: the
National Archives Law, the Tenders and Bids Law, and the Information Centres Decree. For
example, the laws lacked timeframes for responding to information requests and routes for
appealing refusals or official silence. The draft access to information law, also analysed,
addressed these problems in a number of respects, but also contained weaknesses. If or when
Egypt may adopt such a law remains unclear.50
In Egypt, laws also act as a barrier to access to information. The 1978 Civil Servants Law forbids
public officials from making public
statements and publishing
Accessing information to fight
announcements without permission from
injustice in Morocco
either the ministry or local government
A case study
department director, or chairperson of the
In a case submitted to Transparency Maroc’s
public body, and prohibits officials from
Advocacy and Legal Advice Centre (ALAC),51 a
disclosing information which ought to be
plaintiff suspected family members of
confidential by its nature or by
misappropriating possessions and money in
instruction.53 Article 10 of the Central
bank accounts of companies jointly inherited
Body of Public Mobilisation and Statistics
from their late father. Local and general crown
Decree gives the Central Body sole
prosecutors did not respond to his appeals
authority to publish statistics in Egypt and
seeking an investigation, and an investigative
prohibits all other bodies and individuals
judge summarily dismissed without reasons his
from publishing statistical information.54
law suit. The Criminal Affairs Department of the
Morocco
Ministry of Justice did not answer ALAC staff’s
In Morocco, there is no access to
written enquiries about the matter.
information law and current laws only
partially give effect to the right of access
to information. Transparency Maroc found
that of the laws it analysed (the Electoral
Lists Law, the Public Procurement
Decree, the Archives Law, the
Environment Law and the Municipal
Organisation Law), most did not give the
right of access to everyone, they rarely
set a timeframe for responding to
requests and only one obliged public
authorities to assist petitioners.55 When
looking at access to information in the justice sector – perceived as the ‘most corrupt’ sector in
Transparency International’s 2010/11 Global Corruption Barometer – Transparency Maroc found
that the lack of a legal requirement to publish court decisions, difficulties in obtaining information
With a legal right of access to information, the
plaintiff could have appealed to an information
commissioner or a court against the
prosecutor’s unlawful refusal to provide reasons
for suspending the case, and the courts’
summary dismissals of it. An access to
information law might also have provided the
plaintiff with grounds to request information
from the Criminal Affairs Department on the
status of the complaint.52
50 Transparency International, 2013: pp. 12, 44.
51 Transparency Maroc’s Advocacy and Legal Advice Centres: http://www.transparencymaroc.ma/ar/projet-2.html [accessed
13 August 2013].
52 Transparency Maroc, 2013: p. 39.
53 Transparency International, 2013: p. 14.
54 As above.
55 Transparency Maroc, 2013: p. 31.
16. from the judicial administration, and challenges in appealing refusals to provide information in
the judicial sector impeded access to information.56
The Moroccan 1958 Civil Service Statute furthermore prohibits public officials from disclosing
information or providing administrative documents to third parties without management permission.
Those who disclose information without this permission can be subject to disciplinary or criminal
penalties.57
Palestine
In Palestine there is no access to information law. The three laws the Coalition for Accountability
and Integrity – AMAN assessed (the Press Law, the Environment Law and the Statistics Law)
predominantly failed to meet international principles on access to information or at best were
unclear. Of particular note, none of the three laws assessed included a duty on public authorities
to assist petitioners, or clear timeframes for responding to information requests. The draft access
to information law, also assessed, represents a step forward. However, it too failed to comply
fully with international principles, including by lacking an obligation on public bodies to assist
petitioners. The draft law also contains overly broad exceptions.58
Yemen
Of the four project countries, only Yemen has an access to information law, enacted in July
2012,59 but not yet fully implemented.60 Access to information under other laws is patchy;
information requests are either limited under those laws, or force petitioners to rely on informal
requests.61
The Yemeni Team for Transparency and Integrity (YTTI) analysed four other laws relevant to
access to information and corruption, in addition to the (not yet implemented) access to
information law: the Anti-Corruption Law, the Control and Auditing Law, the Information Centre
Decree and the Press Law. These were chosen by YTTI for their relevance to the right of access
to information, transparency and the fight against corruption. YTTI found that none of the other
laws provided access to information in line with international standards. Particularly problematic
was the fact that none of the four laws was clear on whether public bodies could disclose
information, and no clear appeal routes for refusals to provide information existed.62 When YTTI
looked at access to information in the diesel sector, researchers lacked legal grounding on which
to base their requests to the national petroleum company or the Ministry of Oil and Minerals.63
56 As above: pp. 32, 37-38.
57 Transparency Maroc, 2013: p. 14.
58 The Coalition for Accountability and Integrity, 2013: p. 27.
59 The Yemeni Team for Transparency and Integrity, 2013: p. 9.
60 As above: p. 10.
61 As above: p. 27
62 As above.
63 As above: p. 33
13
17. YTTI found that these authorities severely limited access to information, despite the importance
of diesel to Yemen’s economy and reported levels of corruption in the sector.66
14
Testing access to information in Yemen’s diesel sector
In Yemen, the diesel sector is important to securing the basic standard of living of much of the
population, but has faced multiple claims of corruption in recent years.64
The Yemen Team for Transparency and Integrity (YTTI) tested six public authorities as part of
its research into access to information in the diesel sector.65 It approached these authorities in
August and September 2012 and asked them:
How much diesel was produced during 2011?
How much diesel was distributed to the governorates?
What was the total subsidy in the government's budget for diesel?
How much diesel was allocated to the agriculture sector?
What was the total amount of diesel given to fishermen?
What was the total amount of diesel distributed in the market and how was it distributed?
In the absence of an implemented access to information law, YTTI concluded that it was not
possible for people to obtain information through direct application to the public authorities.
Information only became accessible through personal contacts, provided that this was
conducted in person and at times confidentially.67
YTTI also found that some authorities provided information following approval from senior
officials, while others required petitioners to explain how the information would be used. Even
when petitioners met these conditions, the authorities provided outdated, unrelated and
incomplete information.68
64 The Yemeni Team for Transparency and Integrity, 2013: p. 28.
65 As above: pp.28 - 33.
66 As above: p. 33.
67 As above.
68 As above: pp.28 - 33.
18. Outlook
In all four project countries, there are positive signs that governments and parliaments are
recognising the importance of effective access to information. The road ahead requires lawmakers
to prioritise the legislative incorporation of this right as internationally guaranteed. Governments
then need to ensure effective implementation of laws.
Egypt’s inclusion of the right of access to information in the 2012 constitution, in addition to the right
of freedom of expression, was a positive sign, as was the drafting of an access to information law to
implement this constitutional right.69 With the change in government of July 2013 and the
suspension of the constitution, there is now a danger that the transitional and subsequent
governments may stall or reverse progress in giving effect to the right of access to information. Any
new constitution or constitutional amendments in Egypt should ensure that the right of access to
information is included and that the weaknesses of access to information provisions in the 2012
constitution are removed. The government should continue to discuss and amend the draft access
to information law in consultation with civil society and other interested parties.
Morocco’s government is currently consulting on an access to information law and should continue
to consult with civil society and submit an improved version to parliament this year. Morocco would
become only the fourth Middle East and North African country to have an access to information
law.70
Progress in passing an access to information law has currently stalled in Palestine. In 2005, civil
society drafted a law and in 2007 lawmakers gave it preliminary approval. Passing of this law, after
revision, is now dependent on either a presidential decree or the reconstitution of the parliament.71
Yemen’s adoption of the access to information law in 2012 was a good first step and YTTI assessed
that it substantially complied with many of the 10 principles for access to information.72
Implementation has been slow, however, and while the president appointed an information
commissioner in May 2013, he has not issued implementing regulations in other areas.73 The
Yemeni government’s constitutional consultations are still ongoing.74 Including the right of access to
information in the new constitution would help to strengthen the case for implementation of the law.
69 Transparency International, 2013: pp. 11-12.
70 Transparency Maroc, 2013: p. 15.
71 The Coalition for Accountability and Integrity, 2013: p.10.
72 The Yemeni Team for Transparency and Integrity, 2013: p. 27.
73 As above: pp. 9-10, 34.
74 As above: p. 9.
15
19. Conclusions
Transparency International believes that the effective implementation of an access to information
law is essential for addressing corruption. Information is fundamental to making informed decisions.
Information is also power. Where it is not freely accessible, corruption can thrive and basic rights
may not be realised. Corruption can be hidden behind a veil of secrecy. Those with privileged
access to information can demand bribes from others seeking such information. People may be
denied basic health or education services if they lack information about their rights. Governments
can hide their actions by controlling or censoring the media, preventing essential information in the
public interest from being reported.75
Across the Middle East and North Africa, despite international commitments, access to information
is not incorporated into general access to information laws enabling people and civil society to
approach public bodies and access information that would enable them to address corruption.
In the four project countries, research carried out by the three Transparency International chapters
and one partner organisation indicate the difficulties civil society organisations and the general
population face without a general access to information law or when one is not effectively
implemented. In all four countries, researchers identified weaknesses in sector-specific laws highly
relevant to anti-corruption work that prevent people from using these laws as a tool to fight
corruption. Researchers in Egypt and Morocco also identified laws that require public officials not to
disclose information.
To address these issues and combat corruption, lawmakers should draft and pass access to
information laws, which governments should effectively implement. These laws and constitutional
articles are on the agenda of governments in all four project countries. When drafting constitutional
articles and passing laws, governments should work with civil society to ensure that laws comply
and give effect to international principles on access to information. After passing laws, governments
should ensure they are effectively implemented.
75 Transparency International, Access to information, http://www.transparency.org/topic/detail/accesstoinformation [accessed
22 May 2013].
16
20. Recommendations
Based on the findings of this report, Transparency International makes the following
recommendations for addressing corruption through access to information:
To the governments and parliaments
17
Government and parliaments should draft and pass access to information laws that comply
with international standards. Article 19 of the International Convention on Civil and Political
Rights describes fundamental principles, best practice and international standards,76
including: adopting a proactive disclosure approach, making information ‘public by default’
in an easily accessible and understandable electronic format, ensuring information is free of
charge or with reasonable fees, and stipulating clear and reasonable time limits for how
long public bodies can review appeals against refusals for access to information. While
freedom of expression includes the right of access to information, drafters of legislation or
constitutional provisions should consider including an explicit constitutional provision
recognising this right.
Governments should implement access to information laws effectively, train officials and
proactively make information available in accessible, comparable and timely formats online
and in government offices.
Governments and parliaments should remove laws preventing or limiting access to
information and revise laws with over-broad national security exemptions, in line with
international good practice. Governments should conduct a thorough review of policies and
practices on the implementation of access to information rules and resolve problems with
effective implementation.
Governments and parliaments should consult with civil society in drafting laws and
constitutional provisions to ensure that international principles are met and adapted to local
contexts.
Governments and civil society should proactively inform people about access to information
laws and encourage their use.
To civil society organisations working on access to information
Civil society should work with governments and advocate for the adoption and
implementation of laws that comply with international access to information principles.
Civil society should test public sector compliance with access to information laws through
making test requests of public bodies.
Civil society should proactively inform people about access to information laws and
encourage their use.
76 Article 19, The Public's Right to Know: Principles on Freedom of Information Legislation, 1999.
21. 18
Egypt
The government and parliament should pass and implement effectively an access to
information law that complies with international standards and best practice, including on
the form of request and access, fees and limited exceptions subject to the harm and public
interest tests.
Parliament should remove conflicting laws and overly broad exceptions to disclosure or
ensure the access to information law overrides them.
The government should create a public body responsible for proactively disclosing public
information, encouraging citizens to use the right of access to information, and providing a
remedy for non-disclosure.
See Transparency International, It belongs to you: Public information in Egypt for
full recommendations.
Morocco
The government and parliament should enact a general law on the right of access to
information that conforms to international standards, and amend existing legislation that
does not conform to this general right.
The government should develop the infrastructure of public departments and utilities
necessary to implement this right, including through training public officials in producing,
managing and disseminating information, and allocating necessary budgets.
The government should ensure that public information is accessible, beneficial, usable and
relevant, that it is updated when necessary and is free of charge as a point of principle.
The government should explain to the public the content and means of benefiting from the
Archives Law and an anticipated access to information law.
See Transparency Maroc, It belongs to you: Public information in Morocco for full
recommendations.
Palestine
The Palestinian Authority should revise the draft access to information law in line with
international standards and, as long as the Palestinian Legislative Council is inoperative,
the President of the Palestinian Authority should pass the law.
The president should ensure that public bodies implement access to information provisions
effectively when passed.
The Palestinian Authority should prepare and disseminate a public information guide on
procedures for requesting information from official bodies and mechanisms available for
enforcing the response.
See The Coalition for Accountability and Integrity – AMAN, It belongs to you: Public
information in Palestine for full recommendations.
22. Yemen
19
Parliament should include explicitly the right of access to information in the new
constitution.
The government and parliament should review and amend laws that limit or restrict the right
of access to information.
The government and parliament should give appeal and supervisory bodies the powers and
resources necessary to oversee implementation of the right of access to information.
The government should train public officials in their duties under the access to information
law.
The government should establish sections within ministries responsible for information
requests and proactive disclosure.
The information commissioner should draft the implementing regulations for the access to
information law and submit them to the president for issuing.
See the Yemeni Team for Transparency and Integrity, It belongs to you: Public
information in Yemen for full recommendations.
23. 20
Resource Guide
This resource guide contains selected sources on access to information relevant to the Middle East
and North Africa (MENA) region. It has been developed from a number of sources used within the
reports and in further work on access to information, but should not be considered exhaustive.
Access to Information Assessments in the MENA region
o ASK YOUR GOVERNMENT! The 6 Question Campaign77 (Algeria, Iraq, Morocco, Yemen).
o Global Right to Information Rating.78
o Open Budget Index.79
o Press Freedom Index.80
o Right 2 Info.81
Access to Information Laws in the MENA region
o Jordan.82
o Tunisia.83
o Yemen.84
International Law and Declarations
o African Charter on Human and Peoples’ Rights.
85
o African Union Convention on Preventing and Combating Corruption.86
o Arab Convention Against Corruption.87
o International Covenant on Civil and Political Rights.88
o United Nations Convention Against Corruption.89
o Windhoek Declaration.90
Publications and Literature
o Alfonso Hernández-Valdez: Budgeting Implications for ATI Legislation.91
o Álvaro Herrero and Gaspar López: Access to Information and Transparency in the
Judiciary.92
o Andrew Puddephatt: Exploring the Role of Civil Society in the Formulation and Adoption of
Access to Information Laws.93
77 IBP, Centre for Law and Democracy, Access Info Europe, ASK YOUR GOVERNMENT! The 6 Question Campaign,
September 2011, http://www.access-info.org/documents/6QC/6QC_Report_Publication_version_September_2011.pdf
[accessed 15 August 2013].
78 Centre for Law and Democracy and Access Info, Global Right to Information Rating http://rti-rating.org/ [accessed 13
August 2013].
79 International Budget Partnership, 2013: p. 7.
80 Reporters Without Borders, 2013.
81 http://www.right2info.org/ [accessed 13 August 2013].
82 http://www.lob.gov.jo/ui/laws/search_no.jsp?no=47&year=2007 [accessed 13 August 2013].
83 OpenData Tunisia, Publication de la circulaire d’application du décret-loi sur l’Open Data April 5th 2012,
http://www.opendata.tn/actualites/publication-de-la-circulaire-d%E2%80%99application-du-d%C3%A9cret-loi-sur-l%
E2%80%99open-data [accessed 13 August 2013].
84 Centre for Law and Democracy, Law 13 for the Year 2012, http://www.law-democracy.org/wp-content/
uploads/2012/07/Yemen-RTI-law.pdf [accessed 13 August 2013].
85 African Charter on Human and Peoples’ Rights 1981.
86 African Union Convention on Preventing and Combating Corruption 2003.
87 World Bank, Arab Anti-Corruption Convention, http://star.worldbank.org/star/sites/star/files/Arab-Convention-Against-
Corruption.pdf [accessed 13 August 2013].
88 International Covenant on Civil and Political Rights 1966.
89 United Nations Convention against Corruption 2003.
90 Declaration of Windhoek on Promoting an Independent and Pluralistic African Press, 1991.
91 Alfonso Hernández-Valdez, Budgeting Implications for ATI Legislation: The Mexican Case (Washington: World Bank
Institute, 2009).
92 Álvaro Herrero and Gaspar López, Access to Information and Transparency in the Judiciary (Washington: World Bank
Institute, 2010).
93 Andrew Puddephatt, Exploring the Role of Civil Society in the Formulation and Adoption of Access to Information Laws:
The Cases of Bulgaria, India, Mexico, South Africa, and the United Kingdom (Washington: World Bank Institute, 2009).
24. 21
o Ezequiel Nino: Access to Public Information and Citizen Participation in Supreme Audit
Institutions (SAI).94
o Freedom of Information Advocates Network, Global Right to Information Update: An
analysis by region.95
o Helen Darbishire: Proactive Transparency: The future of the right to information?96
o Laura Neumann: Enforcement Models: Content and Context.97
o Said Almadhoun: Status of Freedom of Information Legislation in the Arab World.98
o The World Bank Institute: Advancing Access to Information in MNA: Supporting Coalitions
& Networks.99
Standards for Access to Information Laws
o Article 19 Principles on Freedom of Information Legislation.100
o Commonwealth Freedom of Information Principles.101
o Commonwealth Model Freedom of Information Bill.102
o Draft Model Law for AU Member States on Access to Information.103
o Inter-American Declaration of Principles on Freedom of Expression.104
o Open Government Partnership.105
o Organization of American States’ Model Inter-American Law on Access to Information.106
o Tshwane Principles on National Security and the Right to Information.107
94 Ezequiel Nino: Access to Public Information and Citizen Participation in Supreme Audit Institutions (SAI) (Washington:
World Bank Institute, 2010).
95 Freedom of Information Advocates Network, Global right to information update: An analysis by region – July 2013 (Madrid:
Freedom of Information Advocates Network, 2013).
96 Helen Darbishire, Proactive Transparency: The future of the right to information? (Washington: World Bank Institute,
2010).
97 Laura Neumann: Enforcement Models: Content and Context (Washington: World Bank Institute, 2009).
98 Said Almadhoun, Status of Freedom of Information Legislation in the Arab World (Right2Info, 2012)
http://www.right2info.org/resources/publications/Overview%20of%20FOI%20legislation%20in%20the%20Arab%20World%2
0-%20SA%20-%2002-06-2010.doc/view [accessed 13 August 2013].
99 The World Bank Institute, Advancing Access to Information in MNA: Supporting Coalitions & Networks – Issue 1 (AR:
http://wbi.worldbank.org/wbi/document/advancing-access-information-mna-supporting-coalitions-networks-arabic-version,
EN: http://wbi.worldbank.org/wbi/document/advancing-access-information-mna-supporting-coalitions-networks), Issue 2 (AR:
http://wbi.worldbank.org/wbi/document/advancing-access-information-mna-supporting-coalitions-networks-newsletter-issue-
2-arabic-v, EN: http://wbi.worldbank.org/wbi/document/advancing-access-information-mna-supporting-coalitions-networks-newsletter-
issue-2), Issue 3 (AR: http://wbi.worldbank.org/wbi/document/advancing-access-information-mna-supporting-coalitions-
networks-newsletter-issue-3-arabic, EN: http://wbi.worldbank.org/wbi/document/advancing-access-information-mna-
supporting-coalitions-networks-newsletter-issue-3) [accessed 13 August 2013].
100 Article 19, The Public's Right to Know: Principles on Freedom of Information Legislation, (London: Article 19, 1999).
101 Commonwealth Freedom of Information Principles, 1999, published in ‘The Right to Information: International
Commonwealth Human Rights Initiative’, http://www.humanrightsinitiative.org/programs/ai/rti/international/cw_standards.htm
[accessed 13 August 2013].
102 Commonwealth Model Freedom of Information Bill LMM (02) 6, 2002 published by the Commonwealth Human Rights
Initiative http://www.humanrightsinitiative.org/programs/ai/rti/international/cw_standards/Cth%20model%20law%20-
%20FOI%20Act.pdf [accessed 15 August 2013].
103 Centre for Human Rights, University of Pretoria and the Special Rapporteur on Freedom of Expression and Access to
Information in Africa, Draft Model Law for AU Member States on Access to Information.
http://www.chr.up.ac.za/index.php/comments.html [accessed 13 August 2013].
104 Inter-American Declaration of Principles on Free Expression 2000.
105 http://www.opengovpartnership.org/ [accessed 13 August 2013].
106 Model Inter-American Law on Access to Information 2010, published by the Organization of American States
http://www.oas.org/dil/AG-RES_2607-2010_eng.pdf [accessed 13 August 2013].
107 Open Society Foundations, ‘The Tshwane Principles on National Security and the Right to Information: An Overview in 15
Points’, Open Society Justice Initiative, June 2013, http://www.opensocietyfoundations.org/fact-sheets/tshwane-principles-national-
security-and-right-information-overview-15-points [accessed 23 July 2013].
25. 22
References
Reports and studies
Alfonso Hernández-Valdez, Budgeting Implications for ATI Legislation: The Mexican Case
(Washington D.C.: World Bank Institute, 2009).
Álvaro Herrero and Gaspar López, Access to Information and Transparency in the Judiciary
(Washington D.C.: World Bank Institute, 2010).
Article 19, The public’s right to know: Principles on freedom of information legislation
(London: Article 19, 1999).
IBP, Centre for Law and Democracy, Access Info Europe, ASK YOUR GOVERNMENT!
The 6 Question Campaign (September 2011).
International Budget Partnership, Open Budget Survey 2012 (Washington D. C:
International Budget Partnership, 2013).
Reporters Without Borders, World Press Freedom Index 2013 (Paris: Reporters Without
Borders, 2013).
Said Almadhoun, Status of Freedom of Information Legislation in the Arab World (Right 2
Info, 2010).
Said Almadhoun, Access to Information in the Middle East and North Africa Region: An
overview of recent developments in Jordan, Lebanon, Morocco and Tunisia (Washington
D.C.: World Bank Institute, 2012).
The Coalition for Accountability and Integrity – AMAN, It belongs to you: Public Information
in Palestine (Ramallah: The Coalition for Accountability and Integrity – AMAN, 2013).
The Yemeni Team for Transparency and Integrity, It belongs to you: Public information in
Yemen (Sana’a: The Yemeni Team for Transparency and Integrity, 2013).
Transparency International, It belongs to you: Public information in Egypt (Berlin:
Transparency International, 2013).
Transparency International, Using the right to information as an anti-corruption tool, (Berlin:
Transparency International, 2006).
Transparency Maroc, It belongs to you: Public Information in Morocco (Rabat:
Transparency Maroc, 2013).
Yahia Shukkeir, Recent Developments: Jordan in World Bank, Regional Dialogue –
Advancing Access to Information in MNA: Supporting Coalitions and Networks, Newsletter
No. 5, October 2012 (Washington D.C.: World Bank, 2012).
Periodicals
Matthew Weaver and Tom McCarthy, ‘Egyptian army suspends constitution and removes
President Morsi – as it happened,’ The Guardian, 3 July 2013.
Mona Yahia, ‘Free speech under threat in Tunisia’, Magharebia, 1 July 2013.
World Bank, ‘Tunisia Acts on Open-Government and Access to Information Reforms,’ 29
March 2012.
26. Websites
23
Access Info Europe and the Center for Law and Democracy, ‘Global Right to Information
Rating: Country Rating’, http://www.rti-rating.org/country_rating.php.
African Union, http://www.au.int/.
Business Anti-Corruption Portal, 'Jordan Country Profile – Public Anti-Corruption Initiatives',
http://www.business-anti-corruption.com/country-profiles/middle-east-north-africa/
jordan/initiatives/public-anti-corruption-initiatives/.
FreedomInfo.org, ‘Tunisia Issues Decree on Access to Documents’ 11 July 2011,
http://www.freedominfo.org/2011/07/tunesia-issues-decree-on-access-to-documents/.
League of Arab States, http://www.lasportal.org.
Open Government Partnership, http://www.opengovpartnership.org/.
OpenData Tunisia, ‘Publication de la circulaire d’application du décret-loi sur l’Open Data’,
http://www.opendata.tn/actualites/publication-de-la-circulaire-d%E2%80%99application-du-d%
C3%A9cret-loi-sur-l%E2%80%99open-data.
Transparency International, ‘Access to information’,
http://www.transparency.org/topic/detail/accesstoinformation.
Transparency International, ‘Corruption Perceptions Index 2012’,
http://cpi.transparency.org/cpi2012/results/.
Transparency International, ‘United Nations Convention Against Corruption’,
http://archive.transparency.org/global_priorities/other_thematic_issues/access_information/
conventions/uncac.
Transparency Maroc, ‘Transparency Maroc’s Advocacy and Legal Advice Centres’,
http://www.transparencymaroc.ma/ar/projet-2.html.
United Nations Treaty Collection, http://treaties.un.org/.
World Bank Worldwide Governance Indicators, ‘Statistical Table: Voice and Accountability,
comparison across selected countries 2011’,
http://info.worldbank.org/governance/wgi/mc_chart.asp.
27. 24
Annex I: Access to Information
“Everyone has the right to freedom of opinion and expression; this right includes the right to
hold opinions without interference and to seek, receive and impart information and ideas
through any media regardless of frontiers.”108
In addition to the Universal Declaration of Human Rights, the right of access to information has
been included in major human rights conventions, including in Article 19 of the International
Covenant on Civil and Political Rights,109 Article 9 of the African Convention on Human and
Peoples’ Rights,110 and Article 32 (1) of the Arab Charter on Human Rights,111 which states that:
“The present Charter guarantees the right to information and to freedom of opinion and
expression, as well as the right to seek, receive and impart information and ideas through any
medium, regardless of geographical boundaries”.
Elaborating on Article 19 of the International Covenant on Civil and Political Rights, the United
Nations Human Rights Committee, which provides authoritative interpretation of the meaning and
application of the covenant, stated in 2011 that the right of access to information held by public
bodies requires that state parties should proactively release government information of public
interest, ensure easy, prompt, effective and practical access to that information, implement
necessary procedures (such as an access to information law), process requests in a timely manner,
ensure fees do not constitute an unreasonable impediment to access, provide reasons for refusal,
and make available appeals for a refusal.112
Taking measures to enhance transparency in public information – such as adopting and facilitating
procedures to allow public access to information relating to the organisation, functioning and
decision-making processes of the state, and publishing information113 – is required under the UN
Convention Against Corruption (UNCAC). It also requires promotion of the active participation of
individuals and groups, which can include enhancing transparency and ensuring the public has
effective access to information.114 Access to information is a foundation of democratic
governance:115
“Access to information acts are grounded in the recognition ‘that information in the control of
public authorities is a valuable public resource and that public access to such information
promotes greater transparency and accountability of those public authorities, and that this
information is essential to the democratic process’. The purpose of these acts, also known as
access to information laws, is to make a government more open and accountable to its
people. In transitional democracies, laws that give effect to the right to information are part of
108 Universal Declaration on Human Rights 1949, Article 19.
109 International Covenant on Civil and Political Rights 1966, Article 19 (2): ‘Everyone shall have the right to… receive and
impart information’.
110 African Charter on Human and Peoples’ Rights 1981, Article 9 (1): ‘Every individual shall have the right to receive
information’.
111 Arab Charter on Human Rights 2004, Article 32.
112 UN Human Rights Committee, General Comment No. 34 on Article 19, CCPR/C/GC/34 2011.
113 United Nations Convention Against Corruption 2003, Article 10: ‘[E]ach State Party shall… take such measures as may
be necessary to enhance transparency in its public administration… Such measures may include… (a) Adopting procedures
or regulations allowing members of the general public to obtain, where appropriate, information on the organization,
functioning and decision-making processes of its public administration and, with due regard for the protection of privacy and
personal data, on decisions and legal acts that concern members of the public’.
114 United Nations Convention Against Corruption 2003, Article 13: ‘Each State Party shall take appropriate measures… to
promote the active participation of individuals and groups outside the public sector…This participation should be
strengthened by such measures as…(b) Ensuring that the public has effective access to information’, Transparency
International, United Nations Convention Against Corruption,
http://archive.transparency.org/global_priorities/other_thematic_issues/access_information/conventions/uncac [accessed 22
May 2013].
115 Transparency International, Using the right to information as an anti-corruption tool, (Berlin: Transparency International,
2006), p. 5.
28. 25
the process of transforming a country from one with a closed and authoritarian government to
one governed by and for the people.”116
Transparency International believes that the effective implementation of an access to information
law is essential for addressing corruption. Information is fundamental to making informed decisions.
Information is also power. Where it is not freely accessible, corruption can thrive and basic rights
may not be realised. Corruption can be hidden behind a veil of secrecy. Those with privileged
access to information can demand bribes from others seeking such information. People may be
denied basic health or education services if they lack information about their rights. Governments
can hide their actions by controlling or censoring the media, preventing essential information in the
public interest from being reported.117
When the right to know is denied, the public will find it difficult to hold decision-makers or institutions
to account for their actions or to make informed electoral choices. Without public information a
culture of empowered citizens informed about their rights is hard to imagine.118
More than 90 countries have passed access to information legislation over the past 15 years, but
implementation is patchy. Global anti-corruption treaties stress the value of access to information
and governments have their work cut out for them to ensure that people can enjoy their right to
know effectively.119
116 As above.
117 Transparency International, Access to information, http://www.transparency.org/topic/detail/accesstoinformation
[accessed 22 May 2013].
118 As above.
119 As above.
29. Annex II: Definitions
Information
All records held by a public body, regardless of the form in which the information is stored, its
source (produced by the public body or another body) and the date of production. Classified records
should be subject to the same test as other records.120
Public body
The term public body focuses on the type of service provided rather than the formal title. It should
include all branches and levels of government, including local government, elected bodies, bodies
that operate under a statutory mandate, nationalised industries and public corporations,
non-departmental bodies, judicial bodies and private bodies which carry out public functions (such
as maintaining roads or operating rail lines). Private bodies themselves should also be included if
they hold information whose disclosure is likely to diminish the risk of harm to key public interests,
such as the environment and health. Inter-governmental organisations should also be subject to
access to information regimes.121
10 principles
The 10 principles embody international standards on access to information and were developed by
Access Info – a human rights organisation dedicated to promoting and protecting the right of access
to information122 – in consultation with international experts. They draw on international standards,
comparative studies on access to information laws in European countries and the European
Convention on Access to Official Documents.123
Exceptions
Exceptions to access to information should be exhaustively listed in the access to information law
and subject to a three-part test for legitimate aim, harm and public interest.124
26
Legitimate aim
The law should provide a complete list of legitimate aims that justify non-disclosure.
Exceptions should be narrowly worded, based on content of information and not form, and
should be time-limited where appropriate.125
Harm test
When information falls within a legitimate aim, the public body seeking to exclude the
information should show that disclosure would cause substantial harm to the legitimate
aim.126
Public interest test
Even where disclosure would cause substantial harm to the legitimate aim, the withholding
of information should be weighed against the public interest in disclosing the information.
Where the public interest outweighs the harm, information should be made available.127
120 Article 19, The public’s right to know: Principles on freedom of information legislation (London: Article 19, 1999),
http://www.article19.org/data/files/pdfs/standards/righttoknow.pdf [accessed 22 May 2013], pp. 2 - 3.
121 As above, p. 3.
122 Access Info, http://www.access-info.org/ [accessed 8 March 2013].
123 Access Info, 2011, p. 36.
124 Article 19, 1999, p. 5.
125 As above, p. 6.
126 As above.
127 As above.
30. Proactive disclosure
As well as acceding to requests for information, public bodies should publish and widely
disseminate documents of significant public interest, subject only to reasonable limits based on
resources and capacity. Information published depends on the public body concerned, but laws
should include a general obligation to publish and should specify key categories of information that
must be published. These should include: operational information, information on requests,
complaints or other direct actions, guidance for public input into processes, the type and form of
information held by the body, and the content, reasons and background to any decision or policy
affecting the public.128
128 As above, pp.3-4.
27