MOZAMBIQUE

MOZAMBIQUE
ENGLISH SUMMARY

INTRODUCTION
Since 2014, Mozambique has had the Right to Information Law
(LEDI), Law No. 34/2014, under which it commits itself to make
the transition from a closed to an open administration and a
model of access to information that is in the public interest.
However, inheriting much from a closed bureaucratic model, the
learning curve is steep and changing habits at institutions that
hold and manage information is slow. In addition to a question
of legacy, the legal framework still includes instruments that
hamper full implementation, such as the law on state secrecy
or the classification of state information. It would be remiss
of us to omit the fact that Mozambican journalist Ericino de
Salema, one of the key players who fought for the approval
of specific legislation to make information available, was
abducted and tortured in March 2018.

OBJECTIVE
The 2018 study attempted to track the evolution of the
implementation of LEDI, looking at the approach to
responding to information requests as well as trends in
behavioural changes among public officials responsible for
the management and storage of information. To this end, the
MISA team carried out site visits to the premises of selected
institutions to assess conditions and enable MISA to develop
strategies to assist with the implementation of the law.

Specific Objectives:

1. Ascertain whether the willingness of public officials to
make information available is still determined by a belief in
discretionary power rather than compliance with the law.
2. Assess the degree of awareness of the obligations
imposed by the law in respect to the timeframe provided for
the handling of requests, the underlying principles, and the
conditions under which they are obliged to serve the public.
3. Appraise the eagerness for transparency in the scope
of the national commitment to fight corruption and how
this is countered by an intransigence in sharing information
relating to questions of debt.

The institutions assessed were a mix of central and
decentralised public institutions. The team decided to
approach two institutions that had been assessed in the
previous study to evaluate changes and uncover indicators
of learning with respect to the management and release of
information. Institutions were evaluated in terms of two main
categories, namely an analysis of their use of online platforms
to make information available and their responses to requests
for information.

FINDINGS
The present study points to a state of flux that mirrors the
economic woes the country is going through, with compelling
forces tugging from different directions in terms of increasing
or reducing transparency. While the push for transparency as a
weapon in the fight against corruption is apparent, willingness
aside, there are no clear signs of a serious commitment to
bring the spirit of the law to fruition.
During the site visits, the team carried out interviews and mock
searches for the information previously requested through
formal requests for information sent to each institution. From
the interviews, it was clear that the problem was not a lack of
willingness but rather organisational challenges and a lack of
structure in terms of who should be responsible for handling
requests for information.
Most institutions lack an organisational structure for receiving
members of the public and the handling of information
requests. Most have libraries or similar spaces that contain
information for public consumption, but they have no system
to assist in locating the information. At the same time, it was
found that the institutions have very little information that
would allow the public to form an idea of the activities the
institutions carry out.
This points to a near total lack of knowledge of the LEDI and
of the power that it confers on public officials in building their
credibility and legitimacy.

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