MHRC deplores low ATI compliance
Malawi Human Rights Commission (MHRC) has deplored the low compliance rate among public institutions to the Access to Information (ATI) Act since it became operational in 2020.
Speaking in Mzuzu on Friday during an orientation of Malawi Electoral Commission (MEC) commissioners and management on ATI Act No. 13 of 2017, MHRC director for civil and political rights Peter Chisi said since September 2020 when the law became operational, the commission’s monitoring exercises show that many institutions are yet to fully comply with the law, citing failure to submit annual reports as one of the challenges.
He said: “By 2022, compliance in terms of reporting to Parliament and the Minister of Information was less than 20 percent.
“Part of the problem is that most public institutions are not aware of their obligation, as such, we are providing guidance and awareness to both public institutions and the general public.”
However, Chisi said that since last year, steady progress has been made after public institutions were summoned by the Parliamentary Committee on Media and Communication to explain their position and given a deadline of June this year to report to Parliament.
“Because of that, over the past 12 months, a number of institutions have appointed information officers, built capacity of their staff and management through training and orientations, and began to prepare materials in compliance with the law,” he said.
MEC chairperson Chifundo Kachale said the electoral body has complied with the spirit of the Act.
“We already have an information officer in place, we submit our annual reports to the Ministry of Information at the end of the financial year and do not withhold any information.
“Again, the law provides for proactive disclosure of information which we do by publishing the work we do on our website before anyone’s inquiry,” he said.
Kachale, a judge of the High Court of Malawi, said the piece of legislation is a cornerstone of democracy, enabling citizens to participate meaningfully in decision-making processes, hold public officials accountable, and contribute to the advancement of good governance and the rule of law.
“By upholding the principles of transparency, openness, and accountability, we can foster public trust and confidence in this institution,” he said.
The Act provides for the right of access to information in the custody of public bodies. It also provides the processes and procedures related to obtaining that information.
