access to information and fight against...
TRANSCRIPT
ACCESS TO INFORMATION
AND
FIGHT AGAINST CORRUPTION
M. Abdesselam ABOUDRAR
The IX International Conference of Information Commissioners (ICIC) Santiago-Chile, April 21-23, 2015
Chairman, Central Authority for Corruption Prevention (Morocco)
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
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.
Right of access to information: a prerequisite to the
construction of the rule of law
3
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
Right of access to information: a prerequisite to the
construction of the rule of law
4
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
Right of access to information: a necessity for good
governance
5
The right of access to information is a key instrument for the prevention and fight against corruption
The promotion of access to information is at the heart of each of these components.
Corruption and access to information
C : Corruption
M : Monopoly
D : Discretionary power
T : Transparency
A : Accountability
C = (M+D) - (T+A)
6
CITIZEN
ADMINISTRATION
ELECTED OFFICIALS
RESPONSIBILITY &
ACCOUNTABILITY
Effectiveness and efficiency
Equity Equal treatment Quality Integrity Continuity Respect and courtesy
PARTICIPATION
Right of access to information: its importance for citizens
7
Characteristics of the information to be made available by
the Administration and by elected officials
Quality
Relevant
Complete
Handy
Identify important and necessary information to facilitate the effective participation of citizens in the management of public affairs
Comprehensive and complete information Clear, succinct, readable,
organized and understandable information
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
Warning : personal data protection - presumption of innocence - information on state security Transparency must be regulated
8
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)
Recognition of the right to information by the
international community
9
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.
Right of access to information in the United Nations
Convention Against Corruption (UNCAC)
10
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
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
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
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
• A draft law is being prepared. However, general consensus not
yet reached
• Disparate provisions: public procurement, the press code ...
• The Law of 23.07.2003 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.
However, the legal framework is still to be completed…
15
Open Government = improved image of the public
Administration + improved citizen confidence
16
Thank you for your
attention
www.icpc.ma
Central Authority for Corruption Prevention Avenue Annakhil, Imm. High Tech, Hall B, 3ème étage Hay Ryad -Rabat-
Tél : 00 212 537 578 650/60, Fax : 00 212 537 711 673
17