MALAWI INTRODUCTION As far as access to information (ATI) is concerned, 2017 will be remembered as a year of triumph for media and free expression advocates in Malawi and beyond. Despite stiff resistance from Government, opposition-dominated Parliament passed the much anticipated ATI Bill and concluded a campaign MISA Malawi had spearheaded for 12 years. As it stands, Malawi has an ATI Policy – adopted by the Malawi Cabinet on January 27, 2014, and the ATI Act (2016) which President Peter Mutharika signed into law on February 10, 2017. The ATI Policy and the ATI Act (2016) affirm access to information as a right in line with Section 37 of the Malawi Constitution which states: “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.” Accessing information is however still a challenge for most Malawians, as citizens enjoy or exercise this right in theory, but not in practice. Government is yet to set a date for the Act to become operational as provided for under Part 1, Section 1, of the ATI Act (2016), which states that: “This Act may be cited as the Access to Information Act, 2016, and shall come into operation on a date appointed by the Minister and published in the Gazette.” Most critics believe Government will capitalise on this clause to delay the legislation’s implementation. These fears are justified if Government tactics in 2015 and 2016 are anything to go by. Prior to the enactment of the legislation in November 2016, Government changed several provisions in the draft ATI Bill which was viewed as an attempt to limit rather than promote the right to information. Members of Parliament (MPs) rejected the changes when the Bill was tabled in Parliament in March 2016, following an appeal from MISA Malawi. The MPs referred the Bill to the Media and Communications Committee of Parliament for review. Of particular concern to MISA and ATI advocates was Government’s removal of the independent oversight body and whistleblower protection clauses, among others. The Bill was re-tabled in Parliament in November 2016 after further consultations with key stakeholders, including MISA Malawi. The MPs reversed the changes Government had made and MISA Malawi believes that the current version of the law reflects the views and aspirations of stakeholders who had worked on the Bill for 12 years. MISA Malawi considers the current Transparency Assessment in Malawi as an opportunity to pressure Government to implement the ATI legislation. The study will remind Government and all stakeholders of the need to promote transparency and fulfil guarantees on media freedom, free expression and access to information as provided for in the Malawi Constitution. 24 Rationale and ReseaRch PaRaMeteRs The right to Information is a fundamental human right which enables individuals to enjoy and exercise other rights. In this regard, the right to information is considered an enabling right. People require information to make informed decisions on health, security, and education issues as well as which candidate to vote for during elections. It is on this basis that MISA Malawi campaigns for ATI legislation and conducts studies to determine the most open and secretive public institutions in the country. The studies highlight the relevance of legislation on ATI to eradicate poverty, promote transparency and accountability, safeguard democracy and place the country on a path to sustainable development. The 2017 study sought to assess the level of transparency in government and public institutions and provide a basis of evidence on why the country needs ATI legislation. Specifically, the study aimed to: 1. Assess the level of transparency in government and public institutions against international standards and principles. 2. Influence adoption of practices, laws and a culture that promotes transparency and openness in government and public institutions. 3. Encourage citizens to exercise their fundamental right to access information generated, held and under the control of government institutions, necessary for accessing other socio-economic rights. The study, conducted between July and August 2017, focused on the following nine public bodies: 1. 2. 3. 4. 5. 6. 7. 8. 9. Blantyre City Council (BCC) Department of Immigration Lilongwe City Council (LCC) Malawi Electoral Commission (MEC) Malawi Revenue Authority (MRA) Malawi Energy Regulatory Authority (MERA) Ministry of Health Ministry of Local Government and Rural Development Mzuzu City Council MISA Malawi has maintained the Blantyre City Council, the Ministry of Health and the Ministry of Local Government and Rural Development to ascertain if there are any changes in their performance. Blantyre City Council was the best performing public body in 2016. The Ministry of Health was the poorest performing public entity in 2016, whilst the Ministry of Local Government and Rural Development was the second worst performing public body.