How can members of the public and civil society in countries which have access to information laws use the right to information to assess aid effectiveness? This guide explains how to access information about donor activities, budgets, projects, evaluations and other information related to the delivery and implementation of development aid. Lack of information on aid facilitates inefficiency, ineffective use of resources and corruption.
National and international courts and national constitutions have confirmed that access to information is a human right. This fundamental right of access to information is the right to know what the government is doing – it is the right to know what the government knows. A government is transparent when the majority of the information that it holds about its activities and policies is available to the public.
Exceptions to access to information laws are designed to protect state interests, ensure effective government and protect private interests and human and other rights. There is discussion about whether the right of information access applies to intergovernmental organisations that operate outside national laws and international human rights treaties. However, many such organisations have adopted access to information policies.
Any person can request information, regardless of nationality, and governments are required to respond. First, members of the public need to find out which agency they need to ask for the relevant information. Filing an information request is relatively simple, and should be free. In most cases, both a written and oral request can be filed. Recommendations include the following:
- Before you file a request, plan how you will react if you do not get the information. This is especially important if you suspect that there may be some resistance to giving out the information.
- Announce in advance that you are filing the request. This strategy puts the government under pressure to answer.
- Let non-governmental organisations and journalists know that you are filing the request and that you will let them know what the answer is.
- Plan how you will mobilise your supporters if your request is denied. Depending on the context of your country, international actors such as inter-governmental organisations can be helpful in putting pressure on the government to release the information.
- Talk to legal experts working with your organisation or with the local freedom of information NGO for advice on how to appeal if information is denied.
- Appeals have at least two stages. First, appeal to the body which refused to release the information. The second stage of appeal is either to the courts, or, if your country has one, the information commissioner.
