ACCESS TO INFORMATION AND FIGHT AGAINST CORRUPTION

Transcription

1 ACCESS TO INFORMATION AND FIGHT AGAINST CORRUPTION The IX International Conference of Information Commissioners (ICIC) Santiago-Chile, April 21-23, 2015 M. Abdesselam ABOUDRAR Chairman, Central Authority for Corruption Prevention (Morocco)

2 Outline I. Right of access to information: a prerequisite to the construction of the rule of law II. Right of access to information: a necessity for good governance and fight against corruption III. Right of access to information: its importance for citizens IV. Characteristics of the information to be made available by the Administration and by elected officials V. Recognition of the right to information by the international community VI. Right of access to information in the United Nations Convention Against Corruption VII. Access to information in Morocco: enshrined in the new constitution VIII. However, the legal framework is still to be completed 2

3 Right of access to information: a prerequisite to the construction of the rule of law 1. A universal right recognized as a pillar of civil liberties. 2. An essential criterion in the assessment of the democratic progress. 3. A convenient way to control government action. 4. A way for citizens to participate in the management of public affairs. 3

4 Right of access to information: a prerequisite to the construction of the rule of law Factors promoting the right to access to information: Affirmation of the right to know Modernization of public administration Improvement of governance Environment and sustainable development project Transparency Fight against corruption ICT development Economic and financial crises 4

5 Right of access to information: a necessity for good governance The lack of transparency in the management of public affairs breeds corruption, abuse of power, waste... The right of access to information is a lever for : The development of democracy as well as economic and social progress The promotion of trust and citizen participation in the management of public affairs The satisfaction citizens basic needs 5

6 Corruption and access to information The right of access to information is a key instrument for the prevention and fight against corruption C = (M+D) - (T+A) C : Corruption M : Monopoly D : Discretionary power T : Transparency A : Accountability The promotion of access to information is at the heart of each of these components. 6

7 Right of access to information: its importance for citizens CITIZEN PARTICIPATION ADMINISTRATION RESPONSIBILITY & ACCOUNTABILITY Effectiveness and efficiency Equity Equal treatment Quality Integrity Continuity Respect and courtesy ELECTED OFFICIALS 7

8 Characteristics of the information to be made available by the Administration and by elected officials Complete Comprehensive and complete information Relevant Identify important and necessary information to facilitate the effective participation of citizens in the management of public affairs Handy Choosing the appropriate channels : Websites Media Publication of reports Display in administrations Information campaigns (media or otherwise) Adapt the format and language to reach all categories of citizens Proactive information transmission Quality Clear, succinct, readable, organized and understandable information Warning : personal data protection - presumption of innocence - information on state security Transparency must be regulated 8

9 Recognition of the right to information by the international community 1. Resolution 59 of the UN GA (1946) 2. The Universal Declaration of Human Rights (1948) 3. Article 19 of the International Covenant on Civil and Political Rights (1966) 9

10 Right of access to information in the United Nations Convention Against Corruption (UNCAC) Article 5. Preventive anti-corruption policies and practices : Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability. 10

11 Right of access to information in the United Nations Convention Against Corruption (UNCAC) Article 9. Public procurement and management of public finances : The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders; 11

12 Right of access to information in the United Nations Convention Against Corruption (UNCAC) Article 10. Public reporting : Adopting procedures or regulations allowing members of the general public to obtain, where appropriate, information on the organization, functioning and decision-making processes of its public administration and, with due regard for the protection of privacy and personal data, on decisions and legal acts that concern members of the public; Publishing information, which may include periodic reports on the risks of corruption in its public administration. 12

13 Right of access to information in the United Nations Convention Against Corruption (UNCAC) Article 13. Participation of society : This participation should be strengthened by such measures as: Ensuring that the public has effective access to information; Undertaking public information activities that contribute to non-tolerance of corruption, as well as public education programs, including school and university curricula; Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. 13

14 Access to information in Morocco: enshrined in the new constitution Constitution - Article 27 : The citizens have the right to access information held by public authorities, elected institutions and organizations with a public service mission. The right to information may be restricted by law in order to protect everything related to the national defense, internal and external security of the state, as well as people's privacy, to prevent the infringement of rights and freedoms enshrined in this Constitution and to protect sources and areas specifically determined by law. 14

15 However, the legal framework is still to be completed A draft law is being prepared. However, general consensus not yet reached Disparate provisions: public procurement, the press code... The Law of on the obligation for public administrations to justify their negative decisions Persistence of legal barriers to access to information : Art. 18 of the law (Dahir) governing Public Service; Section 187 of the Penal Code relating to security and national defense; Article 8 of Royal Decree Law of 1968 on statistical studies. 15

16 Open Government = improved image of the public Administration + improved citizen confidence 16

17 Thank you for your attention Central Authority for Corruption Prevention Avenue Annakhil, Imm. High Tech, Hall B, 3 ème étage Hay Ryad -Rabat- Tél : /60, Fax :