MALAWI INTRODUCTION Access to information is a critical element of every functioning democracy. It is widely recognised that access to information safeguards the public against abuse by officials and permits the public to play a role in shaping the policies of the state. Access to information thus forms a crucial component of genuine democratic participation and sound policy formulation. Malawi has three main instruments that guarantee the right to information: the Republican Constitution, the National Access to Information (ATI) Policy and the Access to Information Act, 2016. The ATI Policy and ATI Act provide a framework for the actualisation of Section 37 of the Malawi Constitution which states that ‘…every person shall have the right of access to all information held by the State or any of its organs at any level of government in so far as such information is required for the exercise of his right.’ However, access to information is still a challenge for most Malawians. Few Malawians enjoy and exercise this right and government is yet to set a date for the ATI Act to become opera-tional, as provided for under Part 1, Section 1, of the ATI Act, which states: ‘…this Act…shall come into operation on a date appointed by the Minister and published in the Gazette.’ Almost one year and seven months down the line, the Minister of Information and Communications Technology is yet to set a date for the commencement of the legislation. The Act, like the Republican Constitution, does not provide a timeframe within which the law should be operational. The MISA Malawi Chapter believes that government will exploit the gap to further delay implementation of the Act. The government has already employed various tactics to delay the process and development of a robust ATI Act by changing most of the critical provisions in the draft bill. This development was construed by MISA and most free speech advocates as an attempt by government to push for a law that limits rather than promotes the right to information. The current delay in setting the commencement date is seen as a continuation of the tactics employed during the 12-year period to have the bill passed. MISA Malawi is currently lobbying government to start implementing the ATI legislation. The Chapter is also engaging relevant public bodies, with compliance obligations under the Act, to prepare for the implementation of the Act. The current study on the most open and secretive public institutions in Malawi provides an opportunity to pressure government to implement the Act and secondly, prepares public bodies to comply with the law once it is in force. The study will also remind government and all stakeholders of the need to respect constitutional guarantees on access to information, which is considered key to poverty reduction, national security, transparency and a meaningful participatory democracy. RATIONALE AND RESEARCH PARAMETERS The importance of access to information cannot be over emphasised. Apart from guarding against abuse of public resources, access to information builds trust and is instrumental in fighting poverty. It is on this basis that the framers of the Malawi Constitution clearly recognised the relevance of this right and guaranteed it under Section 37. However, this constitutional provision alone is not sufficient to guarantee and ensure simple and easy access to information. In addition, government has not yet set a date for the ATI Act to become operational. The ATI Act provides a framework for the actualisation of the constitutional provision on access to information with clear penalties for none-compliance. Thus the delay in setting a date for the commencement of the Act means that there is no legal framework to compel public authorities to be proactive in releasing information to the general public, both in terms of general information on their online platforms and in responding to requests for specific information. Apart from the gaps in the legal framework, a culture of secrecy permeates Malawian society. Transitioning from a primarily secretive society to one based on democratic values and principles requires both legal and policy reforms and a change of attitudes. It is on this basis that MISA Malawi believes that studies on the most open and secretive public institutions are indispensable in promoting a transparent and progressive society. These studies foster a culture of openness and transparency in public institutions and entrench democratic values and beliefs in the country’s public bodies. Aim of the Study As with past studies of this nature, this research aimed to assess the level of openness in Malawian public institutions as a way of promoting transparency and accountability in public bodies. Specific Objectives Specifically, this study sought to: 1. Assess the level of transparency in public institutions against international instruments and standards on access to information. 2. Influence the adoption of laws and practices which promote a culture of openness. 3. Inform MISA Malawi advocacy interventions on access to information, media free-dom and freedom of expression. Methodology and Timeframe The study was done at two levels. The first level focused on the analysis of websites and online platforms of selected public bodies and the second level focused on requests for information to the same sampled institutions. MISA Malawi also made deliberate efforts to follow up on the information requests. 23