MALAWI INTRODUCTION Malawi adopted a new Constitution in 1993, which was primarily based on liberal democratic principles and which also recognises the important role that access to information (ATI) plays in nurturing a transparent and accountable government. Section 37 of the Malawi Constitution 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 as far as such information is required for the exercise of his right.” Despite this provision, Malawi has no legislation or framework on the nature and scope of information that can or cannot be accessed by the public. This means that there is no legislation to compel public officials to provide people with the necessary information to make informed decisions. In other words, citizens cannot easily access information held by the State and public institutions as provided for in the Constitution. It is on this basis that the Media Institute of Southern Africa – Malawi Chapter (MISA Malawi) has been lobbying government for the past 10 years to adopt legislation on access to information. So far, MISA Malawi and its partners have been able to lobby government to adopt a national policy and develop a draft bill on access to information. Cabinet adopted the ATI Bill in February 2016 and tabled it in the National Assembly during the May–July sitting of Parliament. Following calls from MISA Malawi and its partners for Members of Parliament (MPs) to properly scrutinise the Bill before it is passed, the MPs referred the Bill to the Media and Communications Committee of Parliament for further consultations. MISA Malawi and its partners argue that the Bill government tabled in Parliament undermines rather than promotes the right to information as provided for in Section 37 of the Malawi Constitution as it entrusts oversight and enforcement in the hands of a political appointee and has no clause on whistleblower protection. As part of its campaign to push legislation on ATI, MISA Malawi annually undertakes a study to determine the level of government openness in the country; this report provides the results of this study.. This is the eighth consecutive year that the Malawi Chapter has carried out this study and hopes that the findings will add impetus to calls for ATI legislation as well as remind government of its international commitments and obligations in promoting freedom of expression and access to information. Rationale and ReseaRch PaRaMeteRs The importance of access to information cannot be overemphasised. Access to information is a fundamental human right and the enjoyment of other rights largely depends on the availability of information for one to make informed decisions. The African Charter on Human and People’s Rights (ACHPR) states that ‘…every individual shall have the right to receive information,’ and that ‘…public bodies hold information not for themselves but as custodians of the public good and everyone has the right to access this information.’ The Malawi Constitution, as previously stated, also recognises the relevance of this right and provides for the same under Section 37; however, access to public information remains a problem for most Malawians. The MISA Malawi studies conducted on the level of openness in public institutions in 2009, 2010, 2011, 2012, 2013, 2014 and 2015, as well as ‘Obstacles to Access to Information in Malawi,’ by Professor Edge Kanyongolo1 clearly show that access to information is a big challenge for most Malawians. This is for a number of factors including lack of willingness on the part of public officials to grant access, illiteracy, low awareness levels on the right of access to information and lack of a legal framework to govern management and provision of public information. The studies on the level of openness in public institutions provides MISA Malawi with research-based evidence to strengthen its advocacy and calls for legislation on ATI and adherence to international instruments. The 2016 study sought to: 1. Assess the level of transparency in government and public institutions against international standards and principles of ATI; 2. Influence adoption of practices, laws and a culture that promotes transparency and openness in government and public institutions; 3. Inform advocacy and interventions by MISA Malawi and civil society across the country; and 4. Encourage citizens to exercise their fundamental right to access information necessary for accessing other socioeconomic rights which is generated, held and controlled by government institutions. The study focused on a total of nine (9) institutions and was undertaken between August and September 2016. The following public institutions were surveyed: 1. 2. 3. 4. 5. Blantyre City Council (BCC) Blantyre Water Board (BWB) Central Medical Stores Trust (CMST) Lilongwe Water Board (LWB) Department of Road Traffic Directorate (DRTD) 1 The research was commissioned by MISA Malawi with funding from UNESCO and was carried out in 2012. 11