Page contents
- Access to information – and its constraints
- Does transparency matter for good governance?
- Supporting open information environments
- Gender and access to information
- Further resources
Access to information – and its constraints
Access to information is critical for enabling citizens to exercise their voice, to effectively monitor and hold government to account, and to enter into informed dialogue about decisions which affect their lives. It is seen as vital for empowering all citizens, including vulnerable and excluded people, to claim their broader rights and entitlements. But the potential contribution to good governance of access to information lies in both the willingness of government to be transparent, as well as the ability of citizens to demand and use information – both of which may be constrained in low capacity settings. A key question in this regard is: To what extent can access to information, and government transparency, advance the claims of poor and marginalised groups and make governments accountable?
Many commentators caution that access to information does not necessarily lead to greater citizen participation, state accountability and state responsiveness. In many developing countries, there are real structural and political barriers which hinder both the capacity and incentives of governments to produce information, and the ability of citizens to claim their right to information and to use it to demand better governance and public services. These barriers include:
- Government may not be actively supportive of the right to information, particularly in contexts where there is a legacy of undemocratic political systems or closed government.
- Citizens may not be aware of their legal right to information, or, in some cases may be reluctant to assert it, either because of fear of a repressive regime, or a prevailing culture of not questioning authority. In other cases, there are structural barriers to poor people accessing and using information. For example, access to the Internet remains low in many developing countries, particularly in remote areas.
- The capacity of public bodies to provide information may be weak, and officials may be unaware of their obligations. In low capacity environments, record management and statistics generation may be insufficient to support access to information.
Daruwala, M. and Nayak, V. (eds), 2007, ‘Our Rights, Our Information: Empowering People to Demand Rights through Knowledge’, Commonwealth Human Rights Initiative, New Delhi
Why is the right to information important? How can it be used, and how can it be effectively implemented by governments? This report provides case studies to show that information empowers people to demand adherence to the whole range of their human rights. By establishing the right to information in domestic law and by setting up public information systems, governments can enhance citizens’ participation in governance, advance equitable economic development, reduce poverty and fight corruption.
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Darbishire, H., 2010, ‘Proactive Transparency: The Future of the Right to Information? A Review of Standards, Challenges, and Opportunities’, Communication for Governance and Accountability Program, World Bank, Washington DC
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Does transparency matter for good governance?
What kinds of transparency lead to what kinds of accountability, and under what conditions? What is the relationship between transparency and levels of corruption? The conventional wisdom is that transparency generates accountability, and several studies – both at the macro and micro level, and including econometric studies – have found a correlation between political and economic transparency and improved socio-economic indicators. But some argue the actual evidence on transparency’s impacts on accountability is not as strong as one might expect. Whether or not transparency can actually change political behaviour in the longer term is dependent on political will and the active involvement of civil society. Some conclude that transparency is therefore a necessary but insufficient factor in social accountability.
Bellver, A., and Kaufmann, D., 2005, ‘Transparenting Transparency: Initial Empirics and Policy Applications’, Draft discussion paper presented at the IMF conference on transparency and integrity 6-7 July 2005, World Bank, Washington DC
Can access to information and transparency reforms improve governance and development outcomes? How can transparency reforms be empirically measured and effectively implemented? This paper reviews existing literature and develops and applies a new transparency index for 194 countries. While causality remains difficult to determine, transparency is associated with better socio-economic and human development indicators, and with higher competitiveness and lower corruption. Where there is political will for transparency reform, much progress can be made without excessive resource requirements.
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Fox, J., 2007, ‘The Uncertain Relationship between Transparency and Accountability’, Development in Practice, vol. 17, nos. 4 & 5, pp. 663–671
What kinds of transparency lead to what kinds of accountability, and under what conditions? This article suggests that transparency can be ‘opaque’ (the dissemination of information that does not reveal how institutions actually behave) or ‘clear’ (access to reliable information about institutional behaviour). Accountability can be ‘soft’ (‘answerability’ – demanding answers from duty-bearers) or ‘hard’ (answers plus consequences). Information dissemination does not automatically lead to answerability, nor answerability to the possibility of sanctions. If access to information is to guarantee the sanctions that hard accountability requires, public sector as well as civil society actors must intervene.
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Reinikka, R. and Svensson, J., 2004, ‘The Power of Information: Evidence from a Newspaper Campaign to Reduce Capture’, Working Paper 3239, World Bank, Washington DC
How can governments in low-income countries reduce capture of public funds? This paper demonstrates the success of a Ugandan newspaper campaign that has enabled schools and parents to monitor a large-scale grant programme. The study uses regression analysis to estimate the effects of increased public access to information and finds a strong relationship between proximity to a news outlet and lower capture. It suggests that empowering users of public services through access to information can be an effective strategy to combat local corruption and the capture of funds.
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Capuno, J. J. and Garcia, M. M., 2010, ‘Can Information about Local Government Performance Induce Civic Participation? Evidence from the Philippines’, Journal of Development Studies, vol. 46, no. 4, pp. 624-643
This study finds that information about local government performance, in the context of decentralisation, can encourage civic participation. Heightened civic participation in turn can result in better service delivery and welfare by holding local leaders accountable for their performance. The study thus provides support for policies aiming to promote greater transparency in governance so as to deepen citizenship and accountability, and ultimately to improve economic development.
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The full text of this article can also be accessed via document delivery from the British Library for Development Studies.
Hubbard, P., 2007, ‘Putting the Power of Transparency in Context: Information’s Role in Reducing Corruption in Uganda’s Education Sector’, Working Paper No 136, Center for Global Development, Washington DC
An often-told story in development circles is how corruption was slashed in Uganda simply by publishing the amounts of monthly grants to schools. This paper examines the case in the context of Uganda’s changing education policy from 1991-2002. While information did play a critical role in achieving a percentage drop (not necessarily an actual drop) in diverted funds, its impact has been overstated. Many contextual factors were also important, and similar results cannot necessarily be expected elsewhere.
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Supporting open information environments
Donor support to access to information typically includes measures to increase citizens’ awareness of their right to information and support to legal and regulatory reforms to improve access to information. Many studies conclude that the impact of donor interventions to improve access to information should be measured not only by technical changes in the legal regime and government legislation, but also by the use of information by both civil society and marginalised groups.
UNDP, 2003, ‘Access to Information’, Practice Note, United Nations Development Programme, Oslo Governance Centre, Oslo
How does access to information support good governance and poverty reduction? What needs to be included in the effective design of access to information programmes? This paper argues that access to information is an empowerment tool that underpins democratic governance, and that is also fundamental to other programme areas such as HIV/AIDS, the environment, gender, crisis prevention and ICT for development. To reduce poverty, it is essential to maximise poor people’s access to information to enable their participation in democratic and policy making processes. Addressing the information and communication needs of the poor is also essential – the poor often lack information that is vital to their lives – such as information on basic rights and entitlements, information on public services, health, education, and employment.
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Puddephatt, A., McCall, E. and Wilde, A., 2006, ‘A Guide to Measuring the Impact of Right to Information Programmes’, United Nations Development Programme, Oslo
How can democratic governance programming promote and protect the right to information? What are the appropriate indicators to assess right to information interventions? This Guide focuses on the monitoring and evaluation of programmes, with an emphasis on gender and pro-poor indicators. It outlines four broad areas of the right to information that must be considered for a thorough evaluation; the legal regime, government legislation, and the use of information by both the general public and by marginalised groups.
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Developing access to information legislation
Access to information (or Freedom of Information (FOI)) legislation is seen as an essential part of the enabling environment for citizen access to information. In theory, a legal right to information can increase government openness and responsiveness to requests for information. But developing countries often do not have adequate legal provisions for the right to information. Fewer than 7.5 percent of African countries have an enforceable right to information law (Darch, 2009). Experts suggest the main obstacles include a failure of political leadership, a culture of secrecy, low public awareness, and institutional barriers (Carter Centre, 2010).
Crucially, the passage of an access to information law may be a necessary but insufficient step towards meaningful access to information: governments and citizens must be adequately able and willing to implement, enforce and use the laws. Implementation and enforcement of the law are the most critical and challenging stages of reform (Neuman, 2009). The involvement of civil society in the formulation and adoption of access to information laws may increase their long-term use and sustainability. As yet, few studies exist of the impact of access to information laws at the grassroots level – specifically, of whether and how civil society is actually able to make use of them.
Darch, C., and Underwood, P., 2010, ‘Struggles for Freedom of Information in Africa’, in Freedom of Information and the Developing World: The Citizen, the State and Models of Openness, Chandos Publishing, Oxford
How far have rights to information progressed in Africa? The conditions that make information access rights both important and hard to implement are seen in their most extreme forms in Africa. This chapter presents case studies from Zimbabwe, Nigeria, Angola, Mozambique and South Africa. The advance of information rights in Africa has been limited. However, low-key activity indicates that some awareness exists. Further, if any resistance to the state is arguably a struggle over information, then it is important to listen for ‘stifled voices of protest’.
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Neuman, L., and Calland, R., 2007, ‘Making the Access to Information Law Work: The Challenges of Implementation’, in The Right to Know, ed. A. Florini, Colombia University Press
How can Access to Information (ATI) laws be successfully implemented? After a decade of proliferation of these laws, it is clear that the stimulus of both a supply of information and a demand is the key to meeting policy objectives. This chapter focuses on the government side of implementation – the ‘supply side’ – using examples from Latin America, the Caribbean and South Africa. Although there are technical aspects to effective implementation, adjusting mindsets is a more important and challenging priority.
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Neuman, L., 2009, ‘Enforcement Models: Content and Context’, Communication for Governance and Accountability Program, World Bank, Washington DC
Access to information rights are only meaningful if they are both enforceable and enforced. What are the different enforcement models for ATI laws, and what determines success? This World Bank paper draws on case studies to consider the three main ATI enforcement models: (1) judicial proceedings; (2) an information commission(er) or appeals tribunal with the power to issue binding orders; and (3) an information commissioner or ombudsman with the power to make recommendations. While there is no ‘one size fits all’ system, principles of independence, accessibility, affordability, timeliness and specialisation are paramount.
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Puddephatt, A., 2009, ‘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’, Communication for Governance and Accountability Program, World Bank, Washington DC
How does civil society contribute to the passing of access to information laws? This paper examines this process in Bulgaria, India, Mexico,South Africa and the UK. Civil society has impacted on measures to promote access to information through: advocating for ATI legal reform; building popular support; drafting and shaping legislation; helping citizens to understand ATI; and monitoring implementation. The country studies reveal contrasting experiences. It is crucial that civil society groups understand the process of change in their context. They must also avoid overselling what ATI can achieve. Demonstrating the practical value of ATI may be civil society’s most important function.
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Hernández-Valdez, A., 2009, ‘Budgeting Implications for ATI Legislation: The Mexican Case’,Access to Information Working Paper series, World Bank, Washington DC
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For further information on information legislation and the right to information, see the right to information section of the GSDRC’s human rights topic guide.
Understanding political incentives
Political resistance is widely cited as a reason for the failure of interventions to support increased access to information in developing countries. Some argue that more focus on political analysis is needed so as to understand the incentives and interests of government, legislature, the media, business and civil society regarding access to information.
Cruz, A., 2009, ‘Building Political Will for Enhanced Access to Information: Lessons from Latin America’, Chapter 13 in From Political Won’t to Political Will: Building Support for Participatory Governance, ed. C. Malena, Civicus, pp 227-244
How can citizens’ groups and other stakeholders build political will for the approval and enactment of right to information laws? By analysing experience in Honduras, Nicaragua, Chile and Uruguay, this chapter explores how political will was built to pass access to information laws. It also looks at the challenges of implementation, arguing that the adoption of legislation is merely an important first step. It will mean little if government, encouraged by informed citizens, does not implement the laws.
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Gender and access to information
Access to information, in particular information on the rights of women, is considered essential to the advancement of women and their participation in the development process. The relevance of Freedom of Information legislation is not, however, often recognised or prioritized by organisations promoting women’s rights. Greater emphasis is needed on the links between women’s rights, social justice, participation, reform and the capacity of women to address these issues through information (Kagoiya, 2009).
Kagoiya, R., 2009, ‘Freedom of Information and Women’s Rights in Africa: A Collection of Case Studies from Cameroon, Ghana, Kenya, South Africa and Zambia’, African Women’s Development and Communication Network (FEMNET), Nairobi
How has the women’s movement in Africa incorporated access to information in its advocacy? Research conducted in five African countries: Cameroon, Ghana, Kenya, South Africa and Zambia reveal that very few organisations engaged in women’s rights have engaged in lobbying for the Freedom of Information Bill. The report recommends that at national levels, the women’s movement should create a national forum for the exchange of information and experiences; and at the regional level should work with other actors to push for the Freedom of Information bill and implementation.
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For further discussion on access to information, see the social accountability and state-citizen relations section of this guide.
Further resources
Article 19: Global Campaign for Free Expression
Open Democracy Advice Centre (ODAC)
African Women’s Development and Communication Network (FEMNET)
UNPAN Knowledge Base for innovative e-government practices
2008 conference on Innovations in Accountability and Transparency through Citizen Engagement: The Role of Donors in Supporting and Sustaining Change
2010 conference on Information Communication Technology and Development
2010 conference on the Right to Public Information