Freedom of Information Law and Good Governance : The Curse of Corruption in Sierra Leone

"This book argues that Sierra Leone's ten-year civil conflict demonstrates the criticality of freedom of information (FOI) as a facet of good governance where corruption thrives, spanning both public and private sectors, if Sierra Leone's continued security and stability are to be ensured. It argues that it was the absence of an anti-corruption tool like FOI and its attendants, transparency, and accountability, in governance generally, and in the area of the extractive industry in particular, that lead to other social phenomena which directly sparked the war. It proffers that for the continued consolidation of peace, security, stability and development in Sierra Leone, transparency and accountability must be ensured by protecting and implementing the demand driven anti-graft FOI. Straddling the disciplines of law, political science, public policy, and history, the book's major premise is that it was the absence of FOI in the area of governance and the extractive industry, which enabled politicians, civil servants and the politically connected to ransom and exploit Sierra Leone's mineral resources for their own profit with impunity, a state of affairs which led to underdevelopment, state collapse and an embittered civil populace especially the youth. The book postulates that as such any attempt to ensure long-term peace in Sierra Leone, should seek to avoid replicating the conditions that gave rise to that gruesome conflict- elites expropriation of national resources through endemic graft. The book proposes the comprehensive and effective implementation of the Right to Information Act 2013."-- Back cover Preface Foreword Acknowledgement Contents Abbreviations and Acronyms List of Tables Part I: Conceptualizing Freedom of Information: Theories and Legal Doctrines Chapter 1: Introduction: A Brief Global History of the Emergence, Evolution, Development and Proliferation of Freedom of Information—Principles Definitive of Scope and Substance 1 Introduction 2 Conceptualizing the Fundamentals of ‘Freedom of Information’ 2.1 International and Regional Legislation and Precedents 2.2 Internationally Recognized Minimum Standards for FOI Legislation 2.2.1 The Principle of Maximum Disclosure 2.2.2 Broad Definitions of ‘Information’ and ‘Bodies’ 2.2.3 Positive Obligation to Publish Key Categories of Information 2.2.4 Exceptions 2.2.5 Effective Oversight by an Independent Body 3 Conclusion Chapter 2: Myths Surrounding Freedom of Information Laws 1 Introduction 2 Myth #1: Access to Information Is Only a Tool for the Media 3 Myth #2: FOI Regimes Are too Expensive for Developing Countries and Divert Resources Away from Health, Sanitation and Education 4 Myth #3: FOI Is Likely to Endanger National Security 5 Myth #4: FOI Regimes Cannot Be Implemented Without Adequate Record Management Systems 6 Myth #5: There Will Be Floodgates 7 Myth #6: FOI Laws Stifle Discussion Within Government, Impacting Decision-Making or Causing Embarrassment 8 Myth #7: FOI Regimes Fail for Want of Enforcement and Oversight Mechanisms 9 Conclusion Chapter 3: How FOI Aids Women’s Empowerment and Reduces Gender- and Sexual-Based Violence 1 Introduction 2 Applicable Law 3 Global and Sierra Leonean Gender Inequality 4 The Role of FOI in the Empowerment of Women 4.1 Healthcare 4.2 Sexual and Gender-Based Violence 4.3 Economic Standing 4.4 Advocacy and Public Participation 5 Human Capacity Building 6 The Gendered Exercise of ATI/FOI 7 The Women’s Movement in Sierra Leone 7.1 The Role of Women’s Organizations in Lobbying for the RTAI Act 2013 7.2 Potential Actions by Women’s Organizations Post-Enactment of the RTAI Act 8 Conclusion Chapter 4: Comparative Analysis of Freedom of Information Laws in Sierra Leone and Liberia 1 Introduction 2 Sierra Leone 2.1 Maximum Disclosure 2.1.1 Provisions 2.1.2 Analysis 2.2 Obligations to Publish 2.2.1 Provisions 2.2.2 Analysis 2.3 Promotion of Open Government 2.3.1 Provisions 2.3.2 Analysis 2.4 Limited Scope of Exemptions 2.4.1 Provisions 2.4.2 Analysis 2.5 Processes to Facilitate Access 2.5.1 Provisions 2.5.2 Analysis 2.6 Costs 2.6.1 Provisions 2.6.2 Analysis 2.7 Open Meetings 2.7.1 Provisions 2.7.2 Analysis 2.8 Disclosure Takes Precedence 2.8.1 Provisions 2.8.2 Analysis 2.9 Protection for Whistleblowers 2.9.1 Provisions 2.9.2 Analysis 3 Liberia 3.1 Maximum Disclosure 3.1.1 Provisions 3.1.2 Analysis 3.2 Obligations to Publish 3.2.1 Provisions 3.2.2 Analysis 3.3 Promotion of Open Government 3.3.1 Provisions 3.3.2 Analysis 3.4 Limited Scope of Exemptions 3.4.1 Provisions 3.4.2 Analysis 3.5 Processes to Facilitate Access 3.5.1 Provisions 3.5.2 Analysis 3.6 Costs 3.6.1 Provisions 3.6.2 Analysis 3.7 Open Meetings 3.7.1 Provisions 3.7.2 Analysis 3.8 Disclosure Takes Precedence 3.8.1 Provisions 3.8.2 Analysis 3.9 Protection for Whistleblowers 3.9.1 Provisions 3.9.2 Analysis 4 Comparative Analysis 5 Conclusion Part II: The Curse of Corruption in Sierra Leone Chapter 5: Sierra Leone’s Resource Curse: How the Abuse of Diamonds, Politics and Power Collapsed a Nation 1 Introduction 2 Sierra Leone’s Resource Curse 2.1 Root Causes of Sierra Leone’s Civil Conflict 2.2 Corruption, Autocracy, Kleptocracy and the Descent into Civil War 3 War of Terror 4 Conclusion Chapter 6: War, Business as Usual: The Global Scramble for Sierra Leone’s Natural Resources 1 Introduction 2 Diamonds and Domestic and International Terrorism 3 The Role of Multinational Corporations and Private Military Firms 3.1 Multinational Corporations (MNCs) 3.2 Private Military Companies (PMCs) 3.3 Synopsis of the Role of PMCs and MNCs 4 Conclusion Chapter 7: Diamonds, War, Poverty and Underdevelopment: A Multidimensional Perspective on the Global Diamond Industry and Its Need for Reform 1 Introduction 2 The Inception and Decline of Sierra Leone’s Legitimate Diamond Trade 3 Sierra Leone’s ‘Blood Diamond’ Trade (1991–2002) 4 UN Responses to Sierra Leone’s ‘Blood Diamond’ Trade 5 The Kimberley Process 6 Liberia and the ‘Blood Diamond’ Trade 7 Ivory Coast and the ‘Blood Diamond’ Trade 8 The Global Diamond Industry 9 Sierra Leone and Koidu Holdings 10 Artisanal Mining in Sierra Leone 11 The Environmental Implications of Diamond Mining in Sierra Leone 12 NGO and Civil Society Action Regarding the Diamond Trade 13 Conclusion Part III: Freedom of Information Law: Panacea in Reducing Corruption in Sierra Leone Chapter 8: The Place of FOI in the Second Republic 1 Introduction 2 Old Wine in New Skins: Corruption, Culture and the Current State of the Nation 3 Domesticating Authentic FOI in Sierra Leone’s Budding Democracy 4 Conclusion Chapter 9: Localizing Transparency and Accountability: Access to Information and Citizen Engagement Under the Local Government Act 2004 1 Introduction 2 Research Methodology: SDI Survey and Literature Review 3 The Accountability and Transparency Provisions of the LGA 2004 4 The Import of the Accountability and Transparency Provisions of the LGA 2004 5 Responses of Local Council Chief Administrators Concerning Budgets 6 Responses of Local Council Chief Administrators Concerning the Procedure to Access Information 7 Responses of Local Council Chief Administrators Concerning Information Management 8 Responses of Local Council Chief Administrators Concerning Development Plans 9 Responses of Local Council Chief Administrators Concerning Notice Boards 10 Responses of Local Council Chief Administrators Concerning Meetings 11 Responses of Local Council Chief Administrators Concerning Asset Declaration 12 Responses of Local Council Procurement Officers 13 Responses of Local Council Chairpersons 14 Responses of End Users Concerning Procurement Process 15 Responses of End Users Concerning Information Requests 16 The Dissemination of Information via Notice Boards and Radio 17 Responses of End Users Concerning Council and Ward Meetings 18 Responses of End Users Concerning Local Development Plans 19 The Impact of Decentralization on Public Services 20 Challenges to the SDI Survey 21 Recommendations 21.1 Recommendations Directed at Local Councils and Government 21.1.1 Established Process for Accessing Information 21.1.2 Effective Information Management System 21.1.3 Technological Enhancements to Information Management 21.1.4 New Service Charters 21.1.5 Greater and More Innovative Use of the Radio 21.1.6 Improving Public Engagement at Local Council and Ward Level 21.1.7 Open Data Initiatives for Low-Technology-Intensive Countries 21.1.8 Review of the LGA 2004 in View of Available Technology 21.2 Recommendations Directed at Civil Society/Media 21.2.1 Training and Capacity Building of Local Council and WDC Members 21.2.2 Capacity Building of Media and CSOs for Public Sensitization 21.2.3 The Development and Distribution of Effective Training Tools 21.3 Recommendations Directed at NGOs/International Donors 21.3.1 Support from NGOs and International Donors 21.3.2 Development of Forums Between CSOs and Local Councils 22 Conclusion Chapter 10: The Effect of the EITI Process on Transparency and Accountability in Sierra Leone’s Extractive Industry 1 Introduction 2 The EITI Process 3 The Rule of Law and the Extractive Industry 3.1 Regulatory and Institutional Framework 3.2 Weak Legislatures, Executive Dominance and the Extractive Industry 4 Assessing the SLEITI Implementation Process 4.1 The Strength and Capacity of the SLEITI Secretariat and MSG 4.2 A Comprehensive Definition of Materiality and the Active Engagement and Involvement of All Relevant Companies 4.3 The Reliability and Accuracy of Information Provided by Companies and Government Entities on Payments and Revenues 4.4 The Active Engagement of Civil Society in the EITI Implementation Process 4.5 The Comprehensibility and Accessibility of EITI Reports and Materials to the General Public 5 Challenges to the Implementation of the EITI Process 5.1 The Absence of Authentic Political Will and Backing 5.2 The Failure to Investigate and Analyse Discrepancies in Reconciliation Reports 5.3 Inadequate Public Awareness and Engagement 5.4 The Absence of Effective Information Management Systems 6 Recommendations 6.1 Civil Society 6.2 Government 6.3 SLEITI MSG 6.4 Private Companies 6.5 International Donors 7 Conclusion Part IV: Conclusion Chapter 11: Conclusion: Breaking Free of the Bog—The Need for a Novel Impetus in the Implementation of the RTAI Act 2013 Bibliography Treaties, Conventions and International Instruments Universal Africa Sierra Leone Americas Europe Domestic and International Legislation, Regulations, Policies and Guidelines Sierra Leonean Laws Countries Other Than Sierra Leone Policies Cases/Judicial Authorities Sierra Leone Europe The Americas Interviews Books Chapters in Edited Books Reports Journal Articles Newspaper and Magazine Articles Website Articles Unpublished Works/Presentations Index