Access to Information: The Bridge to Sustainable Development Strategic Plan 2021-2025 - Africa Freedom of Information Centre
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Africa Freedom of Information Centre Access to Information: The Bridge to Sustainable Development Strategic Plan 2021-2025
Contents Introduction�����������������������������������������������������������������������������������������������������������������������������������������������������1 Executive Summary�����������������������������������������������������������������������������������������������������������������������������������������2 Chapter 1: Who we are�����������������������������������������������������������������������������������������������������������������������������������5 1.1 Why we focus on access to information�������������������������������������������������������������������������������������������������6 1.2 Our membership and governance ���������������������������������������������������������������������������������������������������������6 1.3 What we have achieved�����������������������������������������������������������������������������������������������������������������������������8 1.4 Select project snapshots������������������������������������������������������������������������������������������������������������������������ 10 1.4 Lessons learnt ���������������������������������������������������������������������������������������������������������������������������������������� 11 Chapter 2: Our context - New challenges and opportunities �������������������������������������������������������������� 13 2.1 Opportunities: Technology and citizen demand for better services���������������������������������������������� 13 2.2 Challenges: Political and policy environments, and citizen demand���������������������������������������������� 14 2.3 Needs: Membership strengthening and support������������������������������������������������������������������������������ 18 Chapter 3: Strategy - Theory of change and strategic priorities���������������������������������������������������������� 19 3.1 Theory of change������������������������������������������������������������������������������������������������������������������������������������ 19 3.2 Target thematic areas ���������������������������������������������������������������������������������������������������������������������������� 20 3.3 Priority actors and stakeholders ���������������������������������������������������������������������������������������������������������� 20 3.4 Strategic priorities ���������������������������������������������������������������������������������������������������������������������������������� 21 3.5 Approaches and activities���������������������������������������������������������������������������������������������������������������������� 23 Chapter 4: Implementation������������������������������������������������������������������������������������������������������������������������ 26 4.1 Our team �������������������������������������������������������������������������������������������������������������������������������������������������� 26 4.2 Monitoring, evaluation, and learning �������������������������������������������������������������������������������������������������� 27 4.3 Communication���������������������������������������������������������������������������������������������������������������������������������������� 28 Appendix 1: Indicators �������������������������������������������������������������������������������������������������������������������������������� 29 Appendix 2: Key actors and platforms in ATI ������������������������������������������������������������������������������������������ 35 Appendix 3: Budget and finances�������������������������������������������������������������������������������������������������������������� 37 1. Financial Resources ���������������������������������������������������������������������������������������������������������������������������������� 37 2. Budget Summary �������������������������������������������������������������������������������������������������������������������������������������� 37 Maps made with www.mapcharts.com Image © Patrick Fore at Unsplash Appendix 4: Additional project snapshots ���������������������������������������������������������������������������������������������� 38 Design by Fovea Design Appendix 5: Home to transparency and accountability initiatives������������������������������������������������������ 45
Abbreviations and Acronyms ACHPR African Commission on Human and Peoples’ Rights AFEX African Freedom of Expression eXchange AFIC Africa Freedom of Information Centre APAI African Platform for Access to Information ATI Access to Information AU African Union CBO Community Based Organisation CSO Civil Society Organisation FOI Freedom of Information FOIAnet Freedom of Information Advocates Network GA General Assembly GC Governing Council GM General Meeting ICT Information and Communication Technology IDUAI International Day for Universal Access to Information IFEX International Freedom of Expression eXchange IT Information Technology A MEL Monitoring, Evaluation and Learning MP Member of Parliament ccess to information is both a OC OCDS Open Contracting Open Contracting Data Standards fundamental human right and OGP Open Government Partnership also a critical public accountability SDGs Sustainable Development Goals tool. SP Strategic Plan UN United Nations UNESCO United Nations Educational, Scientific and Cultural Organization UNHRC United Nations Human Rights Council
1 - Introduction Executive Summary - 2 Introduction Executive Summary W ithout public access to information, the journey to sustainable development will be a long and difficult one. The pandemic of Covid-19 has revealed that access to information is not only the difference between life and death, but also critical for transparent and accountable use of scarce resources donated and appropriated An Africa where all citizens to fight the outbreak. Yet, both are challenged in Africa. People whose can exercise their right of lives are disproportionately affected by a lack of information are at the same time most challenged in accessing it, our big concern. Policies Our access to information. matter, yet most African countries have yet to ratify, domesticate and effectively implement access to information laws - contrary to SDG Vision 16.10.2 and African Union treaties. Our new strategic plan, Access to information: The Bridge to Sustainable Development seeks to ensure that people can access information they need to survive current and future health and other crises. It also seeks to empower everyone, especially the most disadvantaged and vulnerable populations: women, people Our with disabilities, displaced persons and youth in Africa, to access the information they need to exercise all their rights and achieve their full Support a pan-African network Mission potential. of actors to advance the right of access to information on the African continent. Our previous successes and learning were made possible by hard work but also by the support of our funders, the United Nations system, African Union institutions and organs, national governments, our members, partners and the Governing Council. If access to information is going to be the bridge to sustainable development, our T stakeholders will be the bridge for people in Africa to access public information. his strategic plan was formulated over the course of 2020 through reflections on the past work and achievements under AFIC’s prior strategic plan, intensive consultations with AFIC members, state actors, and communities we work with, and internal reflections with the AFIC team. The We are grateful to IFEX, the Democratic Governance Facility (DGF) result sets out AFIC’s strategic direction for the next five years. and Dave Algoso for funding our strategic planning process.
3 - Executive Summary Executive Summary - 4 At the core of the plan is a set of four strategic priorities, and the outcomes we aim for within each of those priorities, in pursuit of our overall vision and mission. 1 3 Right to Every individual in Africa realises their right to information in practice: Membership AFIC membership is well-equipped and effectively coordinated to advance the right to information Information 1. African Union member states ratify and/or domesticate Strengthening and/or open contracting in respective countries African Union treaties that guarantee the right of access 1. Improved capacity of AFIC members to promote to information for every individual in Africa. and defend the right to access to information, transparency and accountability. 2. African Union member states implement ATI laws in target thematic areas. 2. Improved capacity of AFIC members to use regional, continental, and international 3. Citizens and CSOs actively demand public information mechanisms to promote the right of access to to advance sustainable development. information, transparency and accountability. 4. ATI oversight bodies (where established) have capacity 3. AFIC members are coordinated to collectively to fulfill their mandates. engage in international and regional campaigns 2 and platforms on ATI. 4. Knowledge and best practices are shared among AFIC members. Transparency and Public services are transparent, efficient, competitive, 5. Increased membership in countries where AFIC 4 and deliver value for money for citizens in Africa: Accountability has no presence on the African continent. 1. Open contracting standards and norms are adopted and implemented by member states. 2. Whistle-blower protection mechanisms established and are functional. Institutional AFIC is adequately resourced, sustainably funded, and well-governed to effectively promote the right 3. CSOs and other data users have capacity and use Strengthening to information at all levels. published data to promote efficiency, value for money, 1. AFIC’s staff have the capacity to fulfil its mandate. fair business practices, and better service delivery. 2. AFIC enjoys sustainable organisational funding. 4. Citizens’ demand for transparency and accountability in public contracting increased. 3. AFIC is a well-governed organisation. 5. Improved governments’ response to citizens’ demand for transparency and accountability in public contracting.
5 - Who We Are Who We Are - 6 “Ensure public access to information and CHAPTER ONE 1.1 Why we focus on protect fundamental freedoms, in accordance access to information with national legislation and international Who we are agreements.” Target 16.10, Sustainable Development Goals Access to information is both a fundamental human right and also a critical public account- ability tool. It is central to promoting democratic rule, advancing socio-economic justice, and An enabler of other rights Y TR R IT AN ensuring government transparency, integrity, G SP Access to information is a critical enabler TE A and accountability. N of informed expression, participation in R I governance, and public accountability. EN CY OUR VISION As the world implements its commitment A recognized human right to eradicating poverty and achieving sustain- As a fundamental human right, access to able development through the 2030 Agenda information is recognized by the United for Sustainable Development, access to ITY Nations in the Universal Declaration of Human COLLA information is needed for the realization of OUR MISSION Rights and the International Covenant on Civil USIV Support a pan-African network of other rights, such as physical and mental actors to advance the right of and Political Rights, and by the AU through the health, education, and equality. BO access to information on the African Charter on Human and Peoples’ Rights. CL African continent RA Our strategic focus therefore undertakes IN In addition, the African Union underscores TI the significance of access to information in access to information as a bridge to sustainable O N public participation through its treaties. These development. include the African Charter on Democracy, EQ UAL ITY Elections and Governance, the African Youth ITY & EQU Charter, and the African Charter on Values and Principles of Public Service Administration. The O U R VA L U E S importance of advancing and enforcing access 1.2 Our membership to information is similarly reflected in the Sustainable Development Goals. and governance T he Africa Freedom of Information Centre (AFIC) is a pan-African, membership-based civil society Most recently, in 2019, the African network and resource center promoting the right of access to information, transparency and Commission on Human and Peoples’ Rights AFIC was first registered in 2007 in Nigeria, and accountability across Africa. We do this by supporting national advocacy with comparative research, adopted an expanded Declaration of Principles then established a permanent office in Uganda capacity strengthening, and technical support; by monitoring treaty compliance and implementation; on Freedom of Expression and Access to in 2009. In the years since, our network has and by leading continental and global advocacy. Information in Africa.1 The Declaration’s grown to include 43 civil society organisations Principle 26 states that the right of access to and think tanks across 22 countries. (See map information held by public bodies and relevant on the next page). private bodies shall be guaranteed by law, OUR VISION OUR VALUES expeditiously and inexpensively. We are governed by a General Assembly (GA) An Africa where all citizens can exercise their 1. Integrity of our members, which sits at least once right of access to information. “Everyone has the right to freedom of opinion every three years to provide overall strategic 2. Transparency and expression; this right includes freedom direction and elect a Governing Council (GC) 3. Inclusivity to hold opinions without interference and that manages the Secretariat for a three-year OUR MISSION to seek, receive and impart information and 4. Equality and equity term. Support a pan-African net-work of actors to ideas through any media and regardless of advance the right of access to information on 5. Collaboration frontiers.” the African continent. Article 19, Universal Declaration of Human Rights 1 For more on the 2019 Declaration, which replaced the 2002 Declaration of Principles on Freedom of Expression, see here: https://www.achpr.org/legalinstruments/detail?id=69
7 - Who We Are Who We Are - 8 Countries and AFIC Members 1.3 What we have achieved NIGERIA 43 members Media Rights Agenda 22 countries As our membership has grown, we have contributed to the advancement of access to information Public and Private within Africa and around the world. A few of our major achievements under our prior strategy (2015- Development Centre 2019) are listed below. Right to Know Nigeria MOROCCO EGYPT CMF Mena Association for Freedom of Thought Advanced ATI agenda in Africa through regional and international and Expression SOUTH SUDAN partnerships Association of Media Development in South Sudan We worked through regional and international mechanisms to advance the right UGANDA to information in policy and practice. Through shadow reporting, direct advocacy SENEGAL Human Rights Network for engagements, petitions, and meetings, we secured commitments, resolutions, and Journalists Article 19 West Africa HURINET Uganda decisions in favor of ATI. Key among these is the United Nations General Assembly and Federation of African Journalists Islamic Women Initiative for Justice UNESCO General Conference Resolutions Proclaiming September 28th as the International Panos West Africa Day for Universal Access to Information. Kick Corruption Out of Kigezi Law and Peace (IWILAP) Transparency International - Uganda Increased adoption of progressive national ATI laws Uganda Road Sector Support GUINEA Initiative CADES Guinea We have supported and collaborated with partners on campaigns that have increased SOMALIA the number of countries with ATI laws: from 15 countries in 2016 to 25 in November SIERRA LEONE Bareedo Platform Somalia 2019. Our strategies have included: shadow reporting to treaty bodies like the Human Society for Democratic Initiatives KENYA Rights Council and the ACHPR; analysis of draft bills and providing feedback to national CAMEROON AIDSPAN legislators; technical assistance to our members and partners at national level; mobilizing LIBERIA Citizens Governanc Article 19 East Africa OGP commitments on ATI laws; petitions and letter campaigns; promotional missions; Initiative Center for Media Studies International Commission of and working collaboratively with the Special Rapporteur on Freedom of Expression and and Peace Building AfroLeadership Jurists Access to Information in Africa. DR CONGO RWANDA GHANA Collectif 24 Never Again Rwanda Commonwealth Human Promoted effective implementation of ATI laws in Africa Rights Initiative Comite des Droits TANZANIA de L’Homme et Tanzania Citizens Information Developpement Bureau Ghana Anti-Corruption (CODHOD) From our first strategy (2011-2015) to our most recent (2015-2019), our work expanded Coalition Forum International des MALAWI from a focus on adopting laws to also promoting effective implementation. As part of Femmes de l’Espace Media Foundation for Francophone Centre for Human Rights that work, we developed training manuals for and delivered training to over 1,800 public Rehabilitation West Africa Front pour le officials, civil society representatives, and journalists in Malawi, Kenya, Ghana, Nigeria, and Développement et La MOZAMBIQUE Uganda. In addition, we piloted sector and thematic implementation of ATI laws focused Défense des droits humains ACREDITA on open contracting and women.Targeted governments improved on implementation, FDH Observatoire and CSO/journalist demand for public information grew. Significantly, delivery of services d’études et d’Appui à la ZIMBABWE improved at community level as a result of disclosure and citizen monitoring of contracts Responsabilité Sociale et MISA Zimbabwe Environementale NAMIBIA and services. MISA Regional SOUTH AFRICA African Network of Constitutional BOTSWANA Lawyers University of Botswana Centre for Human Rights AFIC Member Countries South Africa History Archives
9 - Who We Are Who We Are - 10 Expanded use of ATI through open contracting, open data, and open government by AFIC members. 1.4 Select project snapshots Public procurement accounts for 55-65% of most governments’ expenditures, yet it is littered with secrecy, conflicts, collusion, and corruption. We believe that disclosure of See Annex 1 for further snapshots. public procurement information is key. Through promoting open contacting, we have seen governments disclose more—especially by using technology like the Government Procurement Portal in Uganda and the Nigeria Open Contracting Portal (NOCOPO) in Enhancing good governance through citizens’ access to information Nigeria. We have worked with public procurement authorities to map disclosure levels and support them in publishing data in Open Contracting Data Standard (OCDS) formats to enable monitoring. We have also trained public officials in disclosure and citizens in contract monitoring. Finally, we have monitored public contracts and shared report This two-year project started with a baseline study to research the status findings with key accountability agencies to inform improvement of disclosure by public of ATI in 16 African countries. It then involved training 90 public officials agencies. This work has shined a light on corruption and waste, enabling governments to and 122 civil society leaders and journalists on ATI in Malawi, Kenya, and 75 information Uganda. Demand for public information and responsiveness of government fix problems. requests were filed agencies improved quickly: 75 information requests were filed within 4 within 4 weeks of weeks of the training. In Uganda, authorities responded to 50% of those information requests within the statutory 21 days of requesting; in Malawi, Increased knowledge of ATI in advancing human rights, rule of law, and the training. 37.5% received responses within a reasonable time. Platforms to discuss and transparency and accountability. follow-up on issues raised from information requests were created. More significantly, corruption was exposed and dealt with, enabling people to One of the major barriers to ATI is simply lack of knowledge about this powerful tool, access basic health and education services.1 among both citizens and duty bearers. We have advanced knowledge and understanding of ATI through reports, case studies, and more, disseminating information to citizens, our members and other CSOs, government officials and public servants, development agencies, and regional and international institutions. Deepening open government through women’s participation in public contracting This action research project examined how open government engages Promoted social inclusion for marginalized groups (incl. women, youth, people with women in Kenya, Nigeria, and Malawi. The research looked at women’s disabilities, people living with HIV/AIDS, and others) in ATI. access to and use of contracting information; women’s role in co- Procurement creation of OGP national action plans; and government commitment authorities in East Through our work—including our feminist open contracting research, access to to access and participation in public contracting. The findings revealed that public procurement is dominated by men, reinforced by the fact Africa resolved information baseline study, and project on winning against corruption with private sector players—we have shown how marginalized groups, who face difficulties accessing social that most companies are owned and managed by men. Although to promote services and enforcing rights, are also disproportionately disadvantaged in accessing inclusion-related laws exist, there is a lack of specific commitments inclusiveness of such as ring-fencing procurement proportions for women. The public information. This is due to isolation and low social status, exacerbated by decision- project raised awareness of barriers to women’s participation in public women. makers’ poor understanding and awareness of those challenges. This knowledge has helped create greater understanding of the need for inclusive programming. contracting, and informed engagement with procurement authorities in East Africa, who in turn resolved to promote inclusiveness.2 2 This project was made possible with US$289,000 in support from the Swedish International Development Cooperation Agency. 3 This project was funded by the International Development Research Centre and Results for Development.
11 - Who We Are Who We Are - 12 1.4 Lessons learnt Commission on Human and Peoples’ Rights through the provision of shadow reports. The Coalition building is critical. reports enhanced my engagement with State Through advocacy for resolutions at the 30 African Parties which presented their State Reports.” United Nations and elsewhere, as well as campaigns for ATI laws at the national level, Despite our achievements, significant work countries have Adv. Faith Pansy Tlakula, Commissioner, we have learnt that coalitions are critical for remains to be done: 30 African countries are yet to adopt ATI Special Rapporteur on Freedom of increasing the legitimacy of issues, as well yet to adopt ATI laws, and the 25 countries that laws Expression and Access to Information in as for pulling together critical resources, have laws struggle with their implementation. Africa expertise, and connections with key decision- Seizing these opportunities requires learning makers. For example, working with our African from our work so far. The following lessons Platform on Access to Information (APAI) from our last strategic plan inform this one: partners, we mobilized support for resolutions sufficient on their own. We also need effective for the International Day for Universal Access demand and citizen participation for these to Information (IDUAI) by both the UNESCO Implementing commitments requires policies to realize their goals. And on the General Conference and United Nations technical capacity and co-creation. government side, these goals need to be General Assembly. matched with accountability mechanisms: The Sustainable Development Framework, corruption uncovered through ATI must lead to African Union Agenda 2063, and the Open sanctions for culprits, rather than (as is often Government Partnership have mobilized the case) administrative transfers to other political will to pass reforms, leading to agencies. This combination of transparency, commitments on ATI, anti-corruption, and open participation, and accountability is necessary contracting. However, making the commitment to address poor governance sustainably over is just one step. Many governments lack the time. technical capacity, understanding of citizen needs, and space for collaboration with citizens and civil society to effectively implement Regional and global bodies need civil society commitments. For example, in Uganda, the input as much as national and subnational government accepted AFIC recommendations governments. to implement open contracting but was unable to re-design its procurement portal to meet The effectiveness of regional and international OCDS requirements. AFIC supported the mechanisms such as ACHPR, UN special government in turning the commitment into procedures, and UN Human Rights Council’s reality. This strategy prioritizes co-creation Universal Periodic Review depend on the of solutions with governments and other quality of feedback they receive from CSOs, stakeholders to implement recommendations. which is used to provide feedback and/ or recommendations to states parties. Disclosure is not enough to bring change When CSOs do not provide reports and to people’s lives—citizen participation and complaints to these mechanisms, these demand for information matter, as do bodies are significantly constrained in making accountability mechanisms. appropriate interventions. For their part, CSOs ATI is fundamental for protecting other struggle to engage these mechanisms due to human rights and realizing sustainable lack of awareness of their existence, lack of development goals, whether it be ending understanding of how such bodies work, and poverty, empowering women and girls, lack of resources (including travel funding) to promoting health and well-being, or engage them. ensuring climate resilience. However, while “I wish to express my profound gratitude to laws and policy frameworks that promote you personally and to AFIC for the support you public disclosure are necessary, they are not gave me during the 56th Session of the African
13 - Our Context Our Context - 14 CHAPTER TWO 2.2 Challenges: Africa mirrors the global context in these dynamics. But further to this, abuse of public Political and policy Our context: New challenges office is rampant and impunity presents a key challenge. Citizens do not have sufficient environments, and information, capacity, and mechanisms to and opportunities citizen demand hold public officials accountable. This is also because most public transactions occur away from the public view, with little scrutiny. This tends to allow corruption to thrive as service delivery is compromised, especially with Despite the progress made in our past work public procurement processes being shrouded and the opportunities ahead of us, we see T in secrecy and mystified. Public-private he context for AFIC’s work is changing, and so our work must evolve to meet it. Our strategy challenges at three levels across the countries partnerships for infrastructure development process identified two major contextual factors that provide opportunities to advance our work, where AFIC members work: in the political are similarly mired in corruption, leaving the but we also face challenges—some in the general political and policy environments, and some environments beyond access to information; public bearing most of the costs. specific to work on ATI. Finally, we see various needs specific to our network and its members. in the policy and regulatory environments specific to ATI; and in citizen demand for information. Challenges in the policy and regulatory Based on our experience, we also see a 2.1 Opportunities: special opportunity in the use of technology environments for ATI Technology and citizen in public contracting to advance value for money, efficiency, fair business practices, Challenges in the political environment beyond ATI Most African governments operate on the basis of official secrecy laws inherited from demand for better and better service delivery. Contracting is the The active involvement of the public in colonial regimes or enacted under one-party services main channel through which governments provide goods and services, but the World fostering accountability and exercising political systems. Even in countries that have enacted ATI laws, the best practice of proactive oversight in development creates avenues Bank estimates that over 30% of contract value disclosure is rarely embraced. Though citizens for improving service delivery. However, it is is lost through corruption and inefficiency in want to know more from and about their difficult to maintain accountability mechanisms public procurement processes and delivery of governments, most states instead conceal While technological progress has created in unstable and/or secretive political basic services in Africa. information and encourage secrecy. new threats for activists and journalists, from environments. A global resurgence of citizens’ state surveillance to malware, it also presents The second major opportunity we face is interest in governance has been accompanied While technology has supported major opportunities: technology can protect the massive increase in people—particularly by the need to also strengthen democracy, challenges to state secrecy, states have democratic spaces and accelerate growth young people—demanding better public whose most visible indicator is the holding responded by deploying surveillance and development. Innovators have relied services. These young people are digital of regular, free, fair, and credible elections. technologies to intimidate the citizenry. This on technology to craft solutions to social natives: savvy users of technology in their day- Unfortunately, voters are often unable to threatens the privacy and digital security of challenges and many industries are seeking to-day lives. They have exposed gaps in access effectively participate in electoral processes citizens, especially human rights defenders efficient uses of technology to maintain a to information and created opportunities for and ultimately hold leaders accountable due to and others who hold the powerful accountable. sustainable planet. innovative thinking on social challenges. Such the challenges to being informed about critical Practices that undermine free expression and innovations have been met with skepticism by issues. organizing have been extended to the online However, the distribution of and access most governments, which lag behind in policy world. In the hands of commercial players, the to technology remain imbalanced, skewed In addition, the astronomical costs of formulation on tech-aided development. internet has also become a contested space in against poorer nations. Where this has been electoral campaigns keep public offices in seen as a weakness, it has also been a strength which collusion between state and commercial Both of these opportunities are broader the hands of moneyed elites whose interests that allows these countries to leapfrog others. actors has prevented access and kept critical than our work on access to information, but are not aligned with poor and marginalized Over the last decade, rapid expansion of voices out. both provide key leverage points we can use to populations. The lack of transparency on the technology—especially mobile telephones— advance our mission. sources and uses of political funding make it The policy and regulatory environments in the Global South has led to service delivery harder for elections and democracy to serve as for ATI are shaped by treaties, laws, and their innovations in key areas such as health and transformative processes that deliver tangible implementation. We see gaps in all of these. education. This has also allowed greater change. access to information, linking parts of the world together and increasing awareness on a range of issues.
15 - Our Context Our Context - 16 Lack of treaty ratifications African Charter on Democracy, Elections African Charter on Human and Peoples’ Through multiple treaties, the African Union recognizes the right of access to information by every and Governance Rights individual, as a human and people’s right and also as a tool for the promotion of democracy, anti- corruption, and public participation. However, as of the end of 2020, a significant number of African Union member states were yet to ratify and domesticate these treaties. African Union Treaty Ratifications African Charter on Values and Principles of African Charter on Statistics 34 / 55 54 / 55 Public Service and Administration RATIFIED RATIFIED AU Countries in which treaty has been ratified Article 19(2): “Each State Party shall guarantee conditions of Article 9(1): “Every individual shall have the right to receive security, free access to information, non-interference, freedom information.” of movement and full cooperation with the electoral observer mission.” African Union Convention on Prevention African Youth Charter 19 / 55 23 / 55 and Combating Corruption RATIFIED RATIFIED Article 6: Article 3: Principles 1. Public Service and Administration shall make available • Transparency: To facilitate proper interpretation of data, to users information on procedures and formalities Statistics authorities shall provide information on their pertaining to public service delivery. sources, methods and procedures that have been used in line with scientific standards. The domestic law governing 39 / 55 2. Public Service and Administration shall inform users of all decisions made concerning them, the reasons behind those decisions, as well as the mechanisms available for operation of the statistical systems must be made available to the public. 43 / 55 RATIFIED appeal. RATIFIED • Accuracy and reliability: African statistics shall be an 3. Public Service and Administration shall establish effective accurate and reliable reflection of the reality. communication systems and processes to inform the public about service delivery, to enhance access to • Timeliness: African statistics shall be disseminated in good information by users, as well as to receive their feedback time and, as far as possible, according to pre-determined and inputs. calendar. Article 9: “Each State Party shall adopt such legislative and Article 10 (3) State Parties shall: 4. Public Service and Administration shall ensure that other measures to give effect to the right of access to any (d) Provide access to information and education and training • Accessibility: African statistics shall not be made administrative procedures and documents are presented information that is required to assist in the fight against for young people to learn their rights and responsibilities, to in a user-friendly and simplified manner. inaccessible in any way whatsoever corruption and related offences”. be schooled in democratic processes, citizenship, decision- making, governance and leadership such that they develop Article 12 (4): State Parties undertake to: “Ensure that the the technical skills and confidence to participate in these Media is given access to information in cases of corruption processes” and related offences on condition that the dissemination of such information does not adversely affect the investigation process and the right to a fair trial.”
17 - Our Context Our Context - 18 Lack of laws Beyond the use of ATI by individual citizens, strategic groups—such as journalists; women, youth, and child rights advocacy groups; trade unions; and anti-corruption agencies—are not actively using ATI The treaties listed above and the SDG 16.10.2 As a result, even countries with strong laws may in their work. They are also not engaging important social groups, including farmers, workers, urban call on states to adopt and implement national not have systems for receiving and responding poor, migrants, people with disabilities, youth, and children. access to information laws. However, only 25 to requests, proactive disclosure, records African countries have done so (an increase management, and reporting. Consequently, from 14 at the beginning of AFIC’s last strategic proactive disclosure obligations are flouted, plan, in 2015).4 That leaves 30 African countries information requests routinely go unanswered, yet to adopt ATI laws. The absence of such laws responses are made beyond statutory limits, makes it difficult for officials and citizens to and reporting obligations are violated. know what information should be accessible, including by whom, how, when, and from Where oversight agencies (such as 2.3 Needs: Membership strengthening and support whom—and what appeal and oversight Information Commissioners) exist, they often mechanisms apply. lack the capacity to fulfill their mandates, as is the case in Liberia, Sierra Leone, and South AFIC members are at the forefront of defending and promoting state compliance with ATI Sudan. They often do not sanction public the rights of citizens to access information obligations. These mechanisms include: the Inadequacies in laws bodies or covered private bodies for failure in their various countries. In order to fulfill African Commission on Human and Peoples’ to implement the law. When oversight bodies that role, AFIC members need the capacity Rights; Universal Periodic Review of the Even where countries have enacted laws, a report to their parliaments, reports are not to mobilize and empower citizens to demand Human Rights Council; UN Special Procedures; related set of challenges emanates from the debated or errant officers are not questioned. and protect their access to information rights. and UNCAC Review. State parties are required quality of the laws. For example, in a number Lack of compliance and enforcement creates a They also need expertise, which they may not to submit reports, which these bodies use of countries, such as Uganda and Nigeria, culture of abuse of the law with impunity. have in-house, on passing and implementing to make findings and recommendations for the laws do not provide for an independent ATI laws. Organisationally, they often need implementation. Even though AFIC’s observer oversight mechanism responsible for support with fundraising efforts, including status gives its members access to engage promoting and overseeing implementation. Low citizen demand for information help identifying potential funding sources. directly with these bodies, AFIC members and Other issues include: wide exemptions, lack Transparency and accountability work often other CSOs are often not familiar with these of sanctions for errant behavior like refusal Separate from direct support that individual focuses more on duty bearers or “supply side”, systems: lacking understanding of how the to comply with the law, problematic appeal organisations need, the AFIC network needs rather than on the rights holders who demand mechanisms work and resources to attend processes, and ambiguity. coordination to share information, knowledge, information and accountable governance. meetings limits their engagement. and best practices through peer learning. Unfortunately, across countries, citizen demand for information is weak, owing to a One specific area of work where AFIC Poor implementation and enforcement of lack of awareness of their right to information members and other CSOs need support is in laws and how to exercise it through ATI laws. When advocating through regional and international Studies done by AFIC (as well as others by denied access, the majority of citizens do mechanisms that exist for monitoring Global Integrity, the Carter Centre, and not appeal. In addition, across many African UNESCO) show ATI laws are not being countries there have been attempts to keep implemented to a great extent.5 Public officials people ill-informed and limit their access to often are not aware that the laws exist or do internet through various barriers. not understand their obligations under them. This is sometimes driven by misunderstanding of conflicting laws, like Secrecy Acts. 4 Those with laws include: Angola, Burkina Faso, Cote d’Ivoire, Ethiopia, Guinea, Kenya; Liberia; Malawi; Morocco; Mozambique; Nigeria; Niger; Rwanda; South Africa, South Sudan, Sierra Leone, Sudan, Tanzania, Togo, Tunisia, Uganda and Zimbabwe. 5 See, e.g.: AFIC’s State of the Right to Information in Africa Report 2017 (https://africafoicentre.org/ download/the-state-of-the-right-to-information-in-africa-report-2017/) and Shadow Report on the status of implementation of the Access to Information Act 2005 in Uganda (https://africafoicentre.org/download/ shadow-report-on-the-status-of-implementation-of-the-access-to-information-act-2005-in-uganda/); Global Integrity’s Africa Integrity Indicators (https://www.africaintegrityindicators.org/data); and reports based on the Carter Center’s Implementation Assessment Tool (https://www.cartercenter.org/peace/ati/IAT/index.html).
19 - Our Strategy Our Strategy - 20 Most African countries are far from achieving greater barriers to progress on transparency CHAPTER THREE these outcomes. To get there, we need to see and accountability, and that greater focus was Strategy: Theory of change and a variety of changes: in government laws, needed to realize impact. Therefore, we target regulations, practices, and systems; and in a subset of thematic areas where achieving citizen and civil society engagement and ability our goals has the greatest potential to advance strategic priorities to advocate for change. sustainable development, and where success can set a standard for other sectors. We work with both the citizens and the state, building the capacity of the former Our thematic areas are: to demand change and the capacity of the H E A LT H latter to respond. To get there, much of the Agriculture work happens through our membership— Education hence our third strategic priority, focused AG O N R on Membership Strengthening. Our goal Health there is to equip our members with the skills, IC I AT U UC LT capacities, and evidence base to make the case Elections U ED Every individual in Africa can RE realize their right to Public services are transparent, information in efficient, competitive, and for change, and help them to be more effective practice deliver value for money Extractives and natural resources for citizens in Africa through coordination, especially on work at Right to Transparency the regional and global levels. Infrastructure Information and Accountability The exact path to change varies depending on issue and context. For that reason, we partner closely with our members and other RCES CSOs that have deep knowledge of their 3.3 Priority actors and TURE contexts. The starting point for our work is ESOU TRUC power analysis: understanding the distribution stakeholders AL R of power and interests among actors in the RAS R AFIC is adequately NF ATU resourced, development arena. By seeking to understand CI DN sustainably funded the networks of stakeholders involved, and the I BL and well-governed to AFIC membership is AN PU effectively promote the well equipped and effectively drivers and blockers of change, we can better AFIC works in partnerships with international, ES right to information at coordinated to advance IV all levels the right to information in identify ways to shift attitudes and beliefs to national, and local CSO networks—especially CT RA respective countries create pressure for change. through our membership engagement— XT E Finally, we emphasize Institutional to promote advocacy and campaigns for Strengthening of AFIC itself in our final advancing rights and good governance ELEC TIONS strategic priority. To support our members through transparency and accountability. in making change, we must ourselves be Along with these partners, we engage key resourced, sustainable, and effective. platforms at the global and African Union level 3.1 Theory of change to ensure legal change. (See Appendix for full list of key actors and platforms in ATI.) We also aim to engage groups of citizens that will be direct beneficiaries of reforms and Our theory of change is built on four strategic priorities: Right to Information, Right to Information, we aim to ensure that every individual in Africa can realize their right 3.2 Target thematic whose livelihoods stand the best potential of Transparency and Accountability, Member- to information in practice. areas being transformed. These groups include: women, youth, persons with disabilities, and ship Strengthening, and Institutional Streng- In Transparency and Accountability, we displaced persons and refugees. We aim to thening. focus on making public services transparent, empower these communities on their rights, Our first two strategic priorities—Right efficient, competitive, and able to deliver value Our strategic priorities of Right to Information including prior informed consent, as well as to Information, and Transparency and for money for citizens in Africa. These outcomes and Transparency and Accountability are how to engage duty bearers, including in the Accountability—are fundamental to sustain- are prerequisites for good governance and for broad areas with relevance across all aspects private sector. able development. We have set ultimate ensuring that public resources lead to effective of government. Under our previous strategic outcomes for our work in each area. Under delivery of public goods and services. plan, we realized that some sectors presented
21 - Our Strategy Our Strategy - 22 3.4 Strategic priorities Strategic Priority 3: Membership Strengthening Ultimate Outcome: AFIC membership is well-equipped and effectively Membership coordinated to advance the right to information and/or open contracting in Strenghtening respective countries. Strategic Priority 1: Right to Information Right to Information Ultimate Outcome: Every individual in Africa realizes their right to information in practice. Intermediate Outcomes: 3.1 Improved capacity of AFIC members When AFIC members are well-equipped Intermediate Outcomes: to promote and defend the right to with skills and knowledge, and effectively information and open contracting. coordinated to collectively engage in 1.1 African Union member states ratify and/ Access to information is an enabler of international and regional campaigns and or domesticate African Union treaties all human rights and a tool to facilitate 3.2 Improved capacity of AFIC members to use platforms, then they are able to advance ATI that guarantee the right of access to transparency and accountability. Therefore: if regional, continental, and international within and across their respective countries. information for every individual in Africa. African Union treaties that guarantee the right mechanisms to promote ATI and open Knowledge sharing is especially critical on of access to information for every individual contracting. promoting ATI for marginalized, disabled, 1.2 African Union member states implement in Africa are ratified and domesticated; if ATI 3.3 AFIC members are coordinated to and multilingual communities via digitized ATI laws in target thematic areas. laws are adopted and effectively implemented collectively engage in international and procedures and other ICT-based solutions. in different sectors; and if citizens’ awareness 1.3 Citizens and CSOs actively demand public regional campaigns and platforms on ATI. information to advance sustainable and knowledge about the right to information development. is improved; then every individual in Africa will 3.4 Knowledge of best practices is shared be able to demand, enforce and realize their among AFIC members. 1.4 ATI oversight bodies (where established) right to information in practice. have capacity to fulfil their mandates. 3.5 Increased membership in countries where AFIC has no presence on the African continent Strategic Priority 2: Transparency and Accountability Transparency & Ultimate Outcome: Public services are transparent, efficient, competitive, and Accountability deliver value for money for citizens in Africa. Strategic Priority 4: Institutional Strengthening Institutional Ultimate Outcome: AFIC is adequately resourced, sustainably funded, and Strengthening Intermediate Outcomes: citizens’ demand for transparency and well-governed to effectively promote the right to information at all levels. accountability in public contracting. 2.1 Open contracting standards and norms are adopted and implemented by member Our work under this strategic priority Intermediate Outcomes: When AFIC is adequately resourced and well- states. focuses on open contracting, whistle-blower governed, and its staff has capacity, expertise, protection and anti-corruption in order to 4.1 AFIC’s staff have the capacity to fulfill its and experience, then we will be able to fulfill 2.2 Whistle-blower protection mechanisms advance value for money, efficiency in public mandate. established and are functional. our mandate across our strategic priorities. service systems, fair business practices AFIC will increase its staffing, as well as better services for citizens. When open 4.2 AFIC enjoys sustainable organisational 2.3 CSOs and other data users have capacity put in place new training, procedures, and governance is advanced through a variety of funding. and use published data to promote management tools to effectively deliver on its factors—the adoption and implementation strategic plan. Special attention will be given to efficiency, value for money, fair business 4.3 AFIC is a well-governed organisation. of whistle-blowers protection mechanisms; monitoring, evaluation, and learning; strategic practices and better service delivery. open contracting commitments, norms, and communications; financial management; and 2.4 Citizens’ demand for transparency and standards; citizen demand for transparency board engagement. accountability in public contracting and accountability; and government response increased. to citizen demand—then public services will be transparent, efficient and competitive, and 2.5 Improved governments’ response to will deliver value for money for citizens.
23 - Our Strategy Our Strategy - 24 3.5 Approaches and activities popularize recommendations of respective bodies in home countries to increase pressure on governments to implement recommendations. AFIC uses several approaches and activities across our strategic priorities, with some activities serving multiple priorities—e.g., our Membership Strengthening work often occurs hand-in-hand with our work under Right to Information or Transparency and Accountability. Building demand: Our approaches and activities include: AFIC builds the capacity of its members, CSOs, and ordinary citizens by providing them with the skills and tools to exercise their right to information, transparency, and accountability. Advocacy for adoption of ATI laws: Research and knowledge generation: Furthermore, AFIC supports and mobilizes AFIC advocates for the adoption of ATI laws, We are increasing knowledge generation and collective support for campaigns to advance ratification and domestication of ATI treaties, dissemination to influence public policy. To ATI, transparency, and accountability. and reporting to respective treaty bodies. that end, we produce annual ‘State of Right These activities include: campaigning for to Information in Africa’ reports on different commitments on ATI in respective Open themes of our strategic plan; we document case Co-creation: Government Partnership National Action studies; and we facilitate knowledge sharing Plans; engaging national governments directly; sessions amongst various stakeholders in Providing recommendations and feedback is supporting campaigns of our members and Africa and beyond. not enough. Through constructive engage- partners with media campaigns; shadow ments, AFIC works with its stakeholders to reporting to treaty bodies; letters of appeal; find solutions to emerging problems. We do and other interventions. this through joint fundraising, joint capacity Monitoring delivery of contracts and building, technical support, and other activities. services: CSO capacity building: We are expanding monitoring of contracts and services in African countries. This includes AFIC develops tools and delivers training, development and deployment of relevant mentorship, and coaching for its member technology platforms and dashboards, training CSOs and partners across the continent. As and deployment of community monitors, part of this, we help CSOs use regional and tracking delivery of services, and providing international mechanisms to advance the right feedback to respective duty bearers. In to information, including by helping them addition, other stakeholders like media, CSOs, obtain observer status at, monitor, and provide and businesses will be provided with findings reports to treaty bodies. and facilitated to use them to increase their contribution in demanding accountability. Public sector capacity strengthening: Monitoring compliance with treaty AFIC helps public bodies and appropriate obligations: private bodies to comply with respective national ATI laws, including by ensuring We are expanding our work of leveraging treaty they understand their legal obligations. We compliance and providing recommendations do this through training, mentorship, and for improvements. We do this by conducting development and dissemination of tools and studies, producing shadow reports, facilitating templates for the effective implementation. In CSO consultations and input in respective particular, we work with selected information shadow reports, missions, and engagement commissioners in the Africa Network of of respective bodies and mandates. More Information Commissioners. importantly, AFIC and its members will
25 - Our Strategy Implementation - 26 CHAPTER FOUR Implementation I mplementation is made possible by our team members and the systems and processes we put in place to support them. 4.1 Our team AFIC has a vibrant and focused technical team Furthermore, AFIC is committed to that coordinates work at the Secretariat and strengthening the representation of under- promotes the objectives of the strategic plan. represented groups, including directly affected communities, women, youth, and other The current AFIC organogram (see below) groups that are historically disadvantaged. is aligned with this strategic plan and the This leadership is achieved most notably at the four strategic priorities. Through robust level of the General Assembly and Governing fundraising, we will generate enough funds to Council, where we aim for gender parity in fairly remunerate staff, as well as to provide these oversight bodies. the equipment they need and an open and conducive working environment. O ur strategy and theory of change are only as good as our ability to implement.
27 - Implementation Implementation - 28 4.2 Monitoring, evaluation, and learning 4.3 Communication Our monitoring, evaluation, and learning (MEL) approach ensures we track progress toward our Implementing our strategy will require significant communications capacities. Separate from this goals, collect and use data, document lessons learnt, and share knowledge and best practices with strategic plan, we will develop a robust communications and advocacy plan outlining how we will use our members and other partners. The system will be an iterative process of monitoring, evaluating, digital as well as traditional media to reach clearly defined stakeholders at local, national, regional, and learning, adjusting, and adapting. international levels. Our MEL system has four components: A sample of activities and capacities that will be included in the communications and advocacy plan: 1 We conduct baseline assessments to provide a situational analysis prior to every program intervention, as well as to gather data that will help the program set realistic External activities Internal capacities targets. These assessments also inform learning questions that guide learning throughout the strategic period. • Monthly newsletter production • Staff training on digital communications • Regular update of the website, blog, and and digital security 2 social media feeds • Communications support to project leads We develop annual work plans through a participatory process involving AFIC staff, members, and partners. This also involves conducting feedback surveys, physical review • Generation of media content meetings, field monitoring, and online consultations. We monitor our progress against • Production of AFIC promotional materials specific indicators that feed into our overall M&E Plan. Our annual work planning is informed by an assessment of trends in various indicators to determine whether prior • Featured talk shows on AFIC’s work (radio assumptions still hold or should be adjusted. Work planning also includes setting or and TV) adjusting learning questions. • Regular podcasting 3 • Production of program video infomercials We hold ourselves accountable for meeting performance indicators, both internally and other visuals on our teams and by presenting findings at the GC’s annual meetings, so that necessary adjustments can be made to our work plans. Additionally, before every annual work • Strategic media engagements (print and planning session, we assess trends in various indicators to determine whether our press) results framework assumptions still hold. AFIC also collects feedback from partners and • Documentation, production, and dissemin- all our stakeholders on performance, relevancy, and needs. ation of key reports 4 We convene a learning network to serve as a platform for interpreting and understanding M&E data, lessons, best practices, and success stories. It is composed of the different working groups (e.g., on Open Contracting or Litigation) as well as focal persons from government and CSO partners at regional and national levels. The network is led by our M&EL Coordinator, working closely with the Communications and Advocacy Officer so that lessons learnt can be shared in communications materials as program highlights and success stories. The learning network meets twice a year.
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