Shifting the Balance: Advancing Access to Information in Africa's Politics and Economy

1. Working Group OnePolitics and Economy: shifting the balance toward opennessThis group discussed the political context and conditions ("politics of policy") under which a transparency regime thrives and considered the incentives and disincentives to establish and implement transparency regimes in Africa. Discussion centered on examining the political obstacles and strategies to overcome the challenges.

2. Issue Statement • Are the political and economic challenges relating to the adoption and implementation of access to information regimes real or perceived? • If real, how do we unlock them to advance access to information across Africa? • Is there an equal burden on all sectors to adhere to ATI? • Is ATI a priority in a “development state”?

3. Main Discussion & Considerations • The role of access to information in promoting good governance and conceptual challenges to adoption and implementation • How to effectively frame access to information to gather political support • The different political and economic challenges to promoting access to information, incentives to motivate different actors and potential solutions • The role of different stakeholders in overcoming barriers to access to information

4. Regional Findings • Access to information should be framed as a fundamental human right (which makes possible other objectives, e.g. development, reducing corruption). To be politically effective in any particular country, it must be framed in the way that gathers support from different constituencies, including the media. • Advocates need to determine a feasible path: general vs. sector approach, staged roll-out, who can be brought onboard • Access to information and freedom of the press are separate but mutually supportive and both are needed for an effective information flow to the public. • There are many economic gains from greater transparency, efficiency and increased business activity.

5. Regional Findings • Political challenges include: • Problems of political will: • People are in politics to win and keep power. Media and information are used to influence and/or disrupt programs • ATI runs counter to most political strategies to “minimize risk” • ATI can result in past mistakes resurfacing • FOI frequently doesn’t produce good narratives for governments • Politicians motivated by personal interest have no incentive to promote ATI • Problems of institutional will: • Difficulties in planning and budgeting for an ATI system • Financial burdens of implementation • Resistance by public servants • Weak public interest: • Lack of regional impetus to buoy national efforts • Ambiguous criteria for legitimate exemptions (e.g. national security, privacy)

6. Recommendations & Action Points REGIONAL AND INTERNATIONAL ORGANIZATIONS: • Raise awareness on ATI among parliamentarians (International Parliamentary Union) • Ensure transparency in own policies, programs and aid flows • Improve where possible the basic enabling environment for local CSOs • Facilitate convening of African Information ministers to create regional impetus. • International donors (IFIs and bilaterals) should: • Maintainpractice of including transparency as part of “country dialogues” • Target ATI funding STATES: • Make ATI part of the peer review mechanism at AU level • Take ownership for ATI (particularly where has been introduced from outside) • Invest in institutions: technology, infrastructure, human resources, targeted funds • Engage public servants on the politics of reform and organizational change • Organize allies within the administration (e.g. public servants unions, archivists) and coalitions within the government (including Parliament) • Clarify laws, procedures and processes (e.g. record keeping) to make it easier for bureaucrats to do their work • Make information accessible for SMMEs, the real motors of national economic development

7. Recommendations & Action Points NON-STATE ACTORS: • Find an entry point for governments who is not interested in opening up (e.g. positive actions) • Gather information and conduct research to spread best approaches to ATI • Take politics seriously: understand the politics of reform, stay engaged • Conduct monitoring activities • Private sector should publish what they agree to • Private sector organizations should include transparency measures in subcontractor agreements and partnerships between expatriate and local businesses. • Put in place mechanisms to ensure buy-in and ownership by government officials (e.g. public sector task force on best practices). ALL ACTORS: • Adhere to ATI principles and implement existing provisions in legislations and institutions: lead by example. • Document link between greater transparency and economic growth (including FDI) • Foster African peer-reviewed network to develop policy and advocacy pertinent research • Raise public awareness of ATI to ensure different sectors know they have the right to information • Develop a community of practice to share information • Develop cross-border coalitions (protection in numbers, international exposure) • Focus on information issues that meet people’s needs • Clarify criteria for ATI exemptions • Develop realistic estimates of the costs and benefits of ATI