INTRODUCTION

expectation of exploiting these resources seems to
have reinforced a discourse around the reconstitution
of the authoritarian regime characterised primarily
by intensified violence and a tendency to close the
mechanisms for information sharing and transparency.2

It has been roughly five years since Mozambique
introduced the Right to Information Law (LEDI) – Act
No. 34/2014, of 31 December – a sign of government
commitment to the opening of organisations holding
information of public interest. It goes without saying
that making information available is an important
indicator of the consolidation of democracy and good
governance. The commitment of public authorities to
the implementation of LEDI therefore entails the need
to strengthen democratic principles.

From the point of view of reorganising organisations
to create the conditions for the implementation of the
LEDI, it seems that there is no government strategy
to strengthen internal administrative procedures.
The research data are indicative of the absence
of organisational mechanisms for information
management. Thus, despite a considerable degree
of dissemination of LEDI, there are still challenges in
terms of implementation, i.e., physically organising
the information and making it available. In many
organisations there is a near complete absence of
archives, spaces in which to peruse documentation,
dedicated staff to handle requests for information or a
system to locate and retrieve documents.

However, despite a legal framework that underlies
the opening of organisations, becoming proactive
in providing information, a number of incidents of
resistance were noted. Notwithstanding the existence
of LEDI, as a rule, legislation governing the making of
information available still suffers from elements that
hinder its effective implementation. One of the most
significant examples of this is Act No. 12/79, of 12
December – the Law on State Secrecy – and, above all,
the way in which it is interpreted and the abusive manner
in which it is applied to prevent access to information,
over and above issues related to the limitations arising
from appeals procedures, imposed by law, as reported in
a recent study carried out by MISA, the Bar Association,
Sekelekani [communication for development NGO] and
the Observatory of the Rural Environment1.

The growth in the use of online media, specifically
websites and social media, is quite significant in the
organisations that were evaluated. While websites
tend to provide information on the organisations’
operations, social media pages are used to showcase,
in infographics, the activities of those organisations.
However, it is clear that the use of online media still
lacks a professional touch and clear strategies. A large
number of the organisations share information through
these channels on a seasonal basis, without a timetable
or a clear categorisation of the information posted.

State secrecy stood out among the various reasons put
forward for the withholding of information, used as a tool
to limit the free flow of information and, sometimes, to
arrest and assassinate academics, political opponents
and journalists.

Overall, it can be said that the release of information
is improving due to the growth of online platforms,
but this growth is very slow and requires bold actions
to improve information sharing mechanisms – what
the Mozambican law and international principles
call proactive information delivery – for the sake
of transparency, good governance, and for the
consolidation of democracy.

In a context in which the Mozambican State faces – on
the one hand – a loss of credibility among its financial
partners due to the discovery of a loan obtained
illegally and – on the other – ever spreading military
conflicts in the north and centre of the country, the
margin of opportunity for organisational openness to
the idea of access to public interest information has a
tendency to shrink. Furthermore, the announcement of
the discovery of huge gas and coal deposits and the
1

SEKELEKANI, OAM, MISA E OMR, Lei do Direito a
Informação, as Cadeias de Valor: Relatório de Monitoria
da Implementação da Lei n°34/2014, de 31 de Dezembro ,
Maputo, 2020

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Carlos Nuno Castel-Branco, Growth, capital accumulation
and economic porosity in Mozambique: social losses,
private gains, Review of African Political Economy, vol. 41 /
1, 2014, p. 26‑48.

MOZAMBIQUE

TRANSPARENCY ASSESSMENT REPORT

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