Afghanistan

Public Policy Research Organization

Access to Information: Right or Privilege?

Research Report

September 2016

Acknowledgements
This research paper is part of a series of papers for the Citizens First: Improving human security in
Afghanistan and Pakistan project, funded by the Dutch Ministry of Foreign Affairs through Oxfam
Novib. APPRO wishes to thank Jorrit Kamminga and and Geert Gompelman for their feedback on an
earlier version of this report.


About the Authors
This research was carried out by Ahmad Shaheer Anil, Nafagul Karimi, Sabir Khybar, Saeed Parto, Zahra
Qasemi, and Khalid Siddiqi.

Dana Holland, Saeed Parto, and Khalid Siddiqi authored this paper.


About APPRO
Afghanistan Public Policy Research Organization (APPRO) is an independent social research organization
with a mandate to promote social and policy learning to benefit development and reconstruction efforts
in Afghanistan and other less developed countries through conducting applied research, monitoring and
evaluation, and training and mentoring. APPRO is registered with the Ministry of Economy in
Afghanistan as a non-profit non-government organization and headquartered in Kabul, Afghanistan with
regional offices in Mazar-e Sharif (north), Herat (west), Kandahar (south), and Jalalabad (east). APPRO is
the founding organization of APPRO-Europe, registered in Belgium.

For more information, see: www.appro.org.af and www.appro-europe.net
Contact: mail@appro.org.af and mail@appro-europe.net


About Oxfam Novib
Oxfams mandate is to save lives and help rebuild livelihoods when crisis strikes and campaign so that
the voices of the poor influence the local and global decisions that affect them. Oxfam works with
partner organisations and alongside vulnerable women and men to end the injustices that cause
poverty.

For more information, see: http://www.oxfamnovib.nl/english/about-oxfam/ourstory
Contact: info@oxfamnovib.nl


Photo: http://open.canada.ca/en/consultation/revitalizing-ati

APPRO takes full responsibility for all omissions and errors.


2016. Afghanistan Public Policy Research Organization. Some rights reserved. This publication may be
reproduced, stored in a retrieval system or transmitted for non-commercial purposes only and with
written credit to APPRO, Oxfam Novib, and the authors. Where this publication is reproduced, stored or
transmitted electronically, a link to APPROs website at www.appro.org.af should be provided. Any other
use of this publication requires prior written permission, which may be obtained by writing to:
mail@appro.org.af
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Table of Contents
Executive Summary ................................................................................................................ 3
Introduction ........................................................................................................................... 5
Objectives and Methodology .................................................................................................. 6
Right to Information: International Perspective ...................................................................... 7
Findings From Herat, Nangarhar, and Takhar .......................................................................... 9
Types of Information Requested ...................................................................................................... 9
Information Providers: Government Structures and Mechanisms................................................... 10
Government Information Services.................................................................................................. 10
Methods of Obtaining Information................................................................................................. 11
Grievance Mechanisms .................................................................................................................. 11
Enhancing Civil Societys Access to Information .................................................................... 12
Civil Society Organizations.............................................................................................................. 12
Government Authorities ................................................................................................................ 13
Additional Ways to Enhance Implementation................................................................................. 13
Conclusion ............................................................................................................................ 13
Recommendations ......................................................................................................................... 15
Government....................................................................................................................................... 15
Donors and I/NGOs............................................................................................................................ 15
Appendix 1: Key Informant Interviewee Coding .................................................................... 16
Appendix 2: Guiding Questions............................................................................................. 18

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Executive Summary

The purpose of this study is to evaluate the extent to which the Access to Information Law (the Law) is
being implemented within the agriculture and education sectors. Focusing on Herat, Nangarhar, and
Takhar provinces, this research was carried out to establish the extent to which government and civil
society relations reflect the provisions of the Law and steps necessary for systematic implementation of
the Law.

The findings from this research are intended to inform the development of an advocacy manual to help
civil society organizations (CSOs) gain better access to information and increase the transparency and
responsiveness of government.

The findings presented in this report indicate that the main impediments to implementing the Law in
Afghanistan are deficits in awareness, compliance, resources, and awareness. Information inquiries are
typically made to fulfill requesters practical needs rather than to monitor governments activities. In the
education sector the government units generally receive requests for information from individuals and
parents about schools, teachers and the quality of education services. CSOs tend to request data on
students and teachers, ongoing educational projects, types of government contracts, and the
implementation of policies related to education. The types of requests from the public to government
units in the agriculture sector typically concern information on how to enhance skills and knowledge for
better agricultural practices, generally by farmers.

Across the three provinces, several factors impede citizens access to information. First, there is a
perception among government units of lack of resources for providing information to the public. From
the point of view of government units, the Law is in effect an unfunded mandate and requires new
systems and human resource activities to budget for and support the new duties implied in the Law for
government authorities. Second, government units tend to view access to information in terms of time
and cost effectiveness rather than a citizens right. Third, awareness about the Law, both among
government officials and citizens, is very limited. The combined effect of these factors leads to a more
general conclusion that currently the right to information by the public is undermined by a lack of
awareness about this right and a related tendency by government officials to act in a hostile manner
toward those seeking to exercise their right.

In Herat and the districts in Takhar, information can be obtained through informal methods using
personal networks and connections. In Nangarhar and the Takhar provincial capital the process of
obtaining information is formal and requires approval from the Governors Office. Despite the fact that
the Access to Information Law outlines minimum formal requirements there is significant variation in
government requests for formality.

The Law requires that government units maintain a complaints department and that a Monitoring
Commission be established at a national level. These directives have not been implemented to date. As
a result, CSOs complain that there is no mechanism to handle complaints regarding access to
information while government employees complain that there is a lack of financial and human resources
to supply information.

Afghanistans Access to Information Law came into effect in late 2014, affording only a short
implementation period from which to assess its effectiveness and implications. As with most laws
adopted in Afghanistan since 2001, the content of the Law is in keeping with international models, such
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as Switzerland. The main problem, however, is that the Law is of unclear value to citizens practical
needs. Another major challenge is that government resources and internal mechanisms have been
insufficiently directed to support the provisions of the Law.

This research concludes that over time the Law could pay high dividends toward good governance in
Afghanistan on the condition that specific measures are taken by civil society and government
authorities to set up the Monitoring Committee as required by the Law, enhance public awareness, and
articulate the Law with assigned information management duties already underway in government
units.

Recommendations

Government

1. All governmental organizations need to have specific, clearly identifiable and accessible
information points or sections within their facilities to address requests for information citizens.
2. Governmental organizations need to have information desks and an information telephone
number for general enquiries and requests for information by the citizens.
3. Efforts should be made to create online databanks, which would allow the public to access
information without personal contact with government entities. These provisions would
minimize the need the endless chain of letter writing to which the public is currently subjected.
4. Attempts should be made to define, through awareness raising and public information
campaigns, the boundaries of the Access to Information Law more precisely on what constitutes
national interests and citizens rights.
5. All governmental organizations need to allocate specific budget lines for information
dissemination and the implementation of the Law.
6. Awareness of the right / access to information legislation should be incorporated in education
curricula from primary to post-secondary education and in literacy programs.
7. Every governmental institution needs to have a separate unit or sub-unit solely in charge of
compiling and disseminating information to those requesting it.
8. Governmental institutions need to have a centralized online databank through which the
information on organizational structures and procedures and updates on policy changes and
budgeting are made available to general public.
9. All governmental organizations need to have a separate budget for information dissemination
and implementation of Access to Information law.

Donors and I/NGOs

1. An awareness raising campaign needs to be initiated by national and international nongovernment organizations on the Access to Information Law and its benefits for the public and
state authorities.
2. Particular attention needs to be paid to awareness raising among the illiterate and particularly in
rural / remote areas.
3. Work closely with government authorities in raising the awareness among government
employees on citizens rights to information and government responsibilities in providing
information, in accordance to the provisions made in the Access to information Law.
4. Traditional community elders, religious leaders, and media should become actively engaged by
CSOs on the Access to Information Law and its benefits for increased efficiency of the
government and increased trust between government authorities and the public.

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Introduction
Afghanistans Access to Information Law came into effect in December 2014, stating that Afghan citizens
have the right to access information from government with two limitations.1 First, the Law does not
apply when access to information limits others rights. Secondly, the information made available must
not risk national interests. The Law applies to government and non-government entities such CSOs and
political parties.

The Access to Information Law is based on the 3rd paragraph of Article 50 of the Afghan Constitution,
stating that Afghan citizens have the right to access information from government. Article 50 sets two
limitations. First, it does not apply when access to information limits others rights. Second, the
availability of information must not risk national interests. The Law applies to government units and
non-government entities such as CSOs and political parties. It consists of 30 Articles that are divided into
six chapters as follows:

1. General provisions
2. Access to information
3. Providing Information
4. Monitoring Commission on Access to Information
5. Addressing complaints
6. Miscellaneous provisions

Article 2 lists the objectives of the Law as follows:

1. To ensure the right of access to information for all citizens from government and non-government
institutions.
2. To observe Article 19 of the International Covenant on Civil and Political Rights and Article 3
of Afghanistans Constitution, according to which no law can be in conflict with Islamic Sharia
principles.
3. To ensure transparency and accountability in the conduct of government and non-government
institutions.
4. To structure the process of requesting information by the public and the provision of information by
government entities.

The Law defines information as any type of document, recorded and registered information, models
and samples. The Law requires that information provided by public entities be disseminated in a
manner that is accessible by and usable to the public (Article 3). Any individual or organization has the
right to ask for information from government units and the entity in question is obliged to comply by
providing the requested information within the limits of the law.

The application for information is submitted through a Request for Information form. The response
from the government unit is to be provided in written form within ten days of the request. An additional
three days can be granted in cases of unexpected circumstances. If a request is submitted by the media
the information should be provided within three days without the possibility of extension. If the
required information concerns the safety and security of an individual, it should be provided within 24

1

This section draws liberally from APPRO (2015): Afghanistans Access to Information Law: A Preliminary
Review, available from: http://appro.org.af/afghanistans-access-to-information-law-a-preliminary-review/.

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hours of the request with no provisions for extensions. The information providing unit determines the
costs of preparing and providing the information, payable by the requester. The amount charged by the
information providing entity is subject to limits set by the Monitoring Commission.2

Each government unit is to designate a department or section that is in charge of providing information
to those who request it. The department or section should provide the requester with required forms.
The information departments responsibility is to ensure that the information request form is delivered
to the right department or individual within the government unit.

Complaints regarding lack of cooperation or transparency are supposed to be submitted, in written
form, to the unit in question. If a complaint is not addressed within three days, the applicant can send
his or her complaints to the Monitoring Commission.3 The Monitoring Commission is to consist of 13
individuals appointed for a period of three years.4

This report focuses on a key purpose of the Access to Information Law, namely the process of requesting
information by the public and the provision of information by government. While it is too early to
conduct a comprehensive assessment of the impact of the Law on access to information, it is possible to
investigate how the Law has thus far been implemented and assess the likelihood that the Law could be
used to affect public service delivery reform in the country. To this end, the report also addresses public
awareness of rights to information in the areas of education and agriculture.

The sites of research for this report are Herat, Nangarhar, and Takhar provinces. The report documents
the current arrangements for the general public to access information from public institutions, focusing
on the two sectors of education and agriculture. The findings from this research are intended for use in
the development of a Users Manual on the Access to Information Law for civil society organizations in
the three provinces.

Objectives and Methodology

With a focus on the education and agriculture sectors in Herat, Nangarhar, and Takhar provinces, this
report:

Identifies the formal and informal mechanisms through which CSOs access information from
government units in the education and agriculture sectors.
Identifies factors that impede the implementation of the Access to Information Law.
Makes recommendations on how to improve interactions between the Afghan government and
CSOs with regards to access to information.

The data were collected using the following methods:

2

No specific date has been set for the establishment of the Monitoring Commission.
Since the Monitoring Commission has not yet been appointed, there is no official system of addressing
complaints.
4
The Monitoring Committee members are to be drawn from the Afghanistan Independent Human Rights
Commission, Ministry of Commerce and Industry, Ministry of Finance, Ministry of Communications and
Information Technology, Afghanistan Independent Bar Association, Afghanistan Jurists Association, Union of
Journalists, CSOs, political parties, and the Afghanistan Chamber of Commerce and Industries. As of the time of
writing, the Monitoring Commission has not been established (June 2016).
3

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A desk review of written documents including legislation and official reports on access to
information, and
Key informant interviews with selected government officials, journalists, rights-based CSOs and
prominent individuals.

Fifty one key informants were interviewed for this research in Herat, Nangarhar and Takhar, consisting
of 21 individuals from governmental organizations and 28 individuals from civil society. See Appendix 1
for the complete list of key informants. See Appendix 2 for the guiding questions used in the interviews.

Right to Information: International Perspective

It is important to understand how Afghanistans Access to Information Law compares to similar laws in
other countries.5 In 1966, the United States was the first country to adopt its Freedom of Information
Act, which grants citizens the right to information held by federal (national) government agencies. In the
decades that followed, other countries adopted similar laws that award citizens similar rights. Initially
these were countries with stable democracies. However, in the last two decades, developing countries
have passed similar laws and the overall number of countries with access to information legislation has
increased significantly. By 2008 more than 70 countries had legal provisions governing the right of
access to information by the public.6

Sweden ranked by the Global Right to Information Rating (GRIR) at 41 for its right to information legal
and institutional provisions often serves as the benchmark for a wide range of good governance
indicators.7 This is because Sweden has longstanding legal provisions in many areas of good governance.
The latest edition of Swedens Public Access to Information and Secrecy Act begins with the general
principles of public access to information. The Act holds that Swedish citizens and aliens in Sweden
enjoy certain fundamental rights and freedoms [including] the freedom of expression [which means]
the freedom to communicate by word, in writing or images, or in other ways to communicate
information and express ideas, opinions and feelings.

The limitations of the Act are summarized under duty of confidentiality with reference to the Freedom
of the Press Act, according to which state entities reserve the right to withhold information if the
information relates to national security, central financial policy, supervisory activities of a public
authority, interest of preventing or prosecuting crime, public economic interest, protection of personal
or economic circumstances and preservation of animal or plant species. It grants rights to the public to
request information from authorities and obligates the authorities to provide information from the
official documents held by the authority that are not subject to secrecy[and] without impeding the
usual functioning of the authority. The Act places no limitations on any member of the public to attend
public court proceedings unless ruled against by the Parliament and based on legal grounds to protect
the rights of other citizens. It references other laws, such as the Local Government Act, to underscore
the right of the public to attend meetings of government decision-making assemblies.


5

This section draws liberally from APPRO (2015): Afghanistans Access to Information Law: A Preliminary
Review, available from: http://appro.org.af/afghanistans-access-to-information-law-a-preliminary-review/.
6
Mendel, T (2008): Freedom of Information: A comparative Legal Survey, UNESCO, Paris (P. 3)
7
Global Right to Information Rating (2015), available from: http://www.rti-rating.org/country-data
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Another national example is that of Turkey. The Turkish On The Right To Information Law No. 4982 has
been ranked 73 by GRIR. Article 4 of the law gives everyone in Turkey, including domiciled foreigners
and foreign legal entities operating there, the right to exercise the law on the condition that the
information requested relates to the requestor or their field of activities as well as on the basis of the
principle of reciprocity. The Turkish law also obligates public institutions: to apply administrative and
technical measures to provide information and documents with the exceptions set out in the law, to
provide information for applicants, and to review and make decisions on applications promptly,
effectively and correctly (Article 5).8 The exceptions to open access to information in Turkey are given in
Articles 15-19. These exceptions concern information that could be used to undermine other individuals
rights or the security and interests of the Turkish state politically or economically.9

Much can be learned from other countries assessments of access to information laws. This includes
India, where there have been constraints in implementing the law. 10 Between 2007 and 2009, nine
major assessments of Indias Right to Information Act were conducted. After the publication of the first
few assessments, the Indian government initiated a program to address the weaknesses in the Law and
its implementation, including decentralizing implementation authority to the state (provincial) level.11
For example, Kerelas Information Commission enlisted its literacy authority to provide Right to
Information classes for roughly 300,000 people. The state government also ensured that educational
curricula for primary, secondary, post-secondary, and literacy education include the Right to Information
Law. To overcome challenges of bureaucratic inefficiency, the state government of Bihar allowed
information seekers to make requests through a single, toll free telephone number. Similarly, in Andra
Pradesh, information seekers can obtain an automated status update by sending a text message from a
cell phone. Experiences from India suggest that incorporating the Access to Information Law into other
laws and into the education system enhances the institutionalization of the Law.

Afghanistans Access to Information Law came into effect in December 2014. Based on an assessment of
the Laws content, GRIR ranks Afghanistan 64, comparable to Switzerland and better than Portugal,
Spain, Turkey, Pakistan, Greece, Denmark, Belgium, Italy, Germany, and Austria.12 The main weaknesses
identified by GRIR in Afghanistans Access to Information Law are its requesting procedures and
exceptions. The law requires requesters to provide reasons for requests and procedures are lengthy and
unnecessarily bureaucratic. In addition, GRIR finds that legal exceptions are not clearly defined, which
could mean that information providers create exceptions in their own favor and arbitrarily deny
requesters their rights to information.

Though much can be learned from other countries, the implementation of the Access to Information
Law in Afghanistan is further complicated by the legacy of conflict, continuing political instability, and
weak rule of law. Widespread corruption and patronage within the Afghan government has been
described as a messy mix of unsteady formal institutions and powerful informal rules and
organizations,13 further confounding efforts to formalize information access and government

8

Government of Turkey (1984), Turkish Law On The Right To Information, Law No: 4982, page 2, available from:
http://www.bilgiedinmehakki.org/en/index.php?option=com_content&task=view&id=7&Itemid=8
9
Ibid. Pages 5-6
10
Roberts, A. (2010): A Great and Revolutionary Law? The First Four Years of Indias Right to Information Act,
Public Administration Review, 70 (6), (925-33).
11
A complete and extensive overview of the solutions can be found in Roberts, A. (2010, 922-25)
12
Global Right to Information Rating (2015), available from: http://www.rti-rating.org/country-data
13
Mukhopadhyay, D. (2009): Warlords as Bureaucrats: The Afghan Experience, Published as Carnegie Papers,
Carnegie Endowment for International Peace in Middle East Program, Number 101, August 2009
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accountability through transparency. Information access requires literacy, yet Afghanistan has one of
the lowest literacy rates in the world at 31 percent.14 Access is further complicated by the rural nature of
Afghan society and an estimated three quarters of the population, around 24 million people, live in rural
areas away from easy access to government information except in district centers.15 These contextual
factors make the implementation of the Access to Information Law, like others, a lengthy process,
requiring interventions tailored to Afghanistans specific challenges.

Findings From Herat, Nangarhar, and Takhar

Types of Information Requested
Government officials in the education sector tend to receive requests from individuals and parents for
information about schools, teachers and the quality of education services. CSOs seek demographic
information about students and teachers, ongoing educational projects, types of government contracts
and the implementation of policies related to education. In Herat, the types of information requested in
the education sector consist of information for and about theses and dissertations, demographic data
on students and teachers, the types and extent of government contracts and policies related to
education, examinations and educational procedures, availability of educational facilities and the
general conditions, and rules and regulations of the education system in the province.16

In Nangarhar information is requested about the implementation and progress of ongoing education
projects as well as changes in existing policies. Schools are generally approached for information on
finances and budgeting and for enquiries into the official reasons for dismissal or discharge of personnel
and students.17 The Department of Education in Nangarhar has does not have a central information
center but has divided the available information into five categories:

We have five programs: teachers training, vocational training, literacy training, religious
education and management of schools and educational centers. All these programs have their
own people and departments and if anyone needs information on any of these issues, they have
18
to approach that section.

The Department of Education in Takhar frequently engages in information exchange with CSOs because
there are a number of education projects being implemented by international organizations in the
province. Most information requests by CSOs concern data about the demographics of students and
teachers as well as school and education finances.19

14

Matsumoto, N. (2015): Enhancement of Literacy in Afghanistan Program, Published by UNESCO Kabul.

Available at: http://www.unesco.org/new/en/kabul/education/enhancement-of-literacy-in-afghanistan-elaprogram/ (Retrieved: May 25, 2015)
15
Index Mundi (2015): Afghanistan Demographics 2014, Available at:
http://www.indexmundi.com/afghanistan/demographics_profile.html (Retrieved: May 25, 2015)
16
KI-M-Her-2, KI-M-Her-3, KI-M-Her-3, KI-M-Her-6, KI-M-Her-4, KI-M-Her-1, KI-M-Her-7, KI-M-Her-8
17
KI-M-Nan-3, KI-M-Nan-5, KI-M-Nan-7, KI-M-Nan-1, KI-M-Nan-8
18
KI-M-Nan-1
19
KI-M-Tak-2, KI-M-Tak-3, KI-M-Tak-4, KI-M-Tak-5, KI-M-Tak-7
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The types of information requested in the agriculture sector are less variable and tend to concern
agricultural and animal husbandry processes. Requests aim to enhance the skills and knowledge of those
seeking information, generally farmers.

Information Providers: Government Structures and Mechanisms

Across the provinces a number of factors impede citizens access to information. First, the main
complaint of CSOs and government organizations is a lack of financial and human resources to provide
information to the public. Second, information provision is viewed by the government in terms of time
and cost effectiveness rather than citizens rights. Third, the awareness of both government
representatives and citizens about the Law and the publics right to information is very limited. This
makes the implementation of the Law appear as an extra burden for the government.

In Herat, most interviewees describe a lack of active engagement by government officials as the main
impediment to those seeking information. Government employees resist providing information because
they do not want to be held responsible for any inaccuracies in the information and fear the
consequences of being punished by their superiors, including being fired.20

Similarly, in Nangarhar both government units and CSOs complain about the lack resources to provide
information requested by the citizens:

The structures and resources we have at the moment do not meet the needs. We cannot deliver
information to villages and remote areas in any way. We face security challenges and lack the
financial resources needed for implementing the Access to Information Law since no budget has
21
been assigned for the implementation of the Law.

At the same time, CSOs in the Nangarhar charge that government organizations need to do more to
enhance peoples access to information and the implementation of the Access to Information Law.22 In
Takhar interviewees state that in addition to lacking infrastructure, government units in both agriculture
and education lack personnel to supply information to those who need it. Lack of personnel and
infrastructure is compounded by high illiteracy rates and lack of access to electricity, which limit citizens
access to media sources.23

Government Information Services

The information provided by the government to citizens can be put into two categories. The first is
information dissemination by the government through social media and seminars and workshops. The
second is information requested, on an ad hoc basis, by citizens for a variety of needs. The ability and
willingness of governmental authorities to provide information under the second category vary across
provinces.

In Herat, government officials describe informing the public through reaching out to religious and
community leaders, organizing seminars, workshops and conferences as well as using Facebook. This

20

KI-M-Her-1, KI-M-Her-2, KI-M-Her-3, KI-M-Her-6, KI-M-Her-7, KI-M-Her-8

KI-M-Nan-3, similar views confirmed by KI-M-Nan-7, KI-M-Nan-8
22
KI-M-Nan-3, KI-M-Nan-7, KI-M-Nan-8
23
KI-M-Tak-1, KI-M-Tak-2, KI-M-Tak-3, KI-M-Tak-4, KI-M-Tak-6, KI-M-Tak-7
21

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mode of outreach is intended to inform people about changes in policies and organizational structures
of government units and does not enhance awareness of specific issues in education or agriculture.24 In
Nangarhar and Takhar, the Department of Education relies mostly on seminars, workshops, local media,
and the Internet to publicize information about school enrollments and admissions. The Department of
Agriculture in both provinces relies on informal methods and traditional networks to reach out to
farmers and those in need of information.25

Methods of Obtaining Information

There are significant differences among government entities and provinces in how requests for
information from the public are handled. In Herat and the districts in Takhar information can be
obtained through informal mechanisms using personal networks and connections. In Nangarhar and
Takhars provincial capital, the process of obtaining information is strictly formal and requires approval
from the Governors Office. In Takhars provincial capital, for example, information requested about
education consistently occurs through formal channels due to the presence of procedural
requirements.26

Though the Law requires government units to have information centers, most interviewees in Herat
stated that they relied on informal methods to obtain information from government, using personal
relations and contacts within the government or relying on social media. Other types of information
requests are made through written letters to government units delivered personally, setting up
committees of individuals to act collectively, and participating in public seminars and workshops with
government officials.27 Similarly, in Nangarhar there are no formal information centers or databanks
that could be approach by citizens to access information. However, both Nangarhar and the provincial
center of Takhar contrast with Herat in that almost all information requests must be submitted to the
Governors Office in writing:

[In Nangarhar] simple procedural questions such as asking how to obtain a drivers permit or
finding out what the customs rates are for specific products can be obtained without any prior
requirements. Any other enquiry for data, facts, figures or information needs to be made
formally and in writing. There are no informal methods of obtaining this type of information. This
is because this type of information is regarded as confidential by government authorities. There
28
is no trust between the government and the public.

The lack of trust by government toward citizens in these settings is rooted in the active
presence of AOGs in the provinces and perceived efforts to destabilize the government.29

Grievance Mechanisms
The main grievance among CSOs regarding access to information is the lack of a higher authority to
handle complaints. The government is said to generally view citizens right to information as a privilege,

24

KI-M-Her-1, KI-M-Her-2, KI-M-Her-3, KI-M-Her-5, KI-M-Her-6, KI-M-Her-7

KI-M-Nan-1, KI-M-Nan-3, KI-M-Nan-4, KI-M-Nan-6, KI-M-Nan-7, KI-M-Tak-2, KI-M-Tak-5, KI-M-Tak-6, KI-M-Tak-7
26
KI-M-Tak-2, KI-M-Tak-3, KI-M-Tak-4, KI-M-Tak-5, KI-M-Tak-6, KI-M-Tak-7
27
KI-M-Her-1, KI-M-Her-2, KI-M-Her-3, KI-M-Her-5, KI-M-Her-6, KI-M-Her-7, KI-M-Her-8
28
KI-M-Nan-1, KI-M-Nan-3, KI-M-Nan-5, KI-M-Nan-6, KI-M-Nan-7, KI-M-Nan-8
29
KI-M-Nan-7, confirmed by KI-M-Nan-3
25

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rather than a right, and does not respond to complaints or grievances when shortcomings are reported
by citizens. Government authorities respond that the persistent lack of financial and human resources
hinders their ability to supply information or address grievances.

In Herat, government employees contend that there are no problems and that anyone seeking
information in the province obtains it in one way or another.30 In contrast, CSOs in the province believe
that their right to information is seen as a privilege by government in its role as information supplier.31 A
common complaint among CSOs is that if a government unit refuses to provide information, there is no
recourse for those asking for information, resulting in a stalemate of CSOs asking for information and
government authorities refusing to provide it. In Nangarhar, some degree of self restraint occurs in the
form of CSOs refraining from expressing grievances about not being provided with information by
government authorities in order to avoid damaging relations with the government.32 There is a similar
situation in Takhar, where CSOs that complain often have endure insults and denigration by government
authorities.33

Enhancing Civil Societys Access to Information

Civil Society Organizations
Findings suggest that all parties requiring information from the government suffer from administrative
incompetence and inefficiencies, lack of awareness about rights to information, and accept the status
quo as a given. Citizens and CSOs would do well to become familiar with the Access to Information Law
and their rights therein. CSOs and government officials, in particular, need training about the content of
the Law and its implications for their activities and duties.

Religious leaders and institutions as well as media outlets have the leverage and outreach capacity to
serve as agenda-setting agents at the provincial and national levels. They can be effective partners in
pressuring government units to implement and abide by the Law. As part implementing the Law, media
organizations and traditional and religious authorities need to be alerted to the citizens right to
information and provide guidance and support to CSOs requesting information from government
authorities.

In addition to training and awareness for traditional authorities and the media, CSOs need to proactively
establish networks that systematically request information and conduct advocacy and awareness
campaigns for the rights of the citizens to government information. Consideration should also be given
to creating a digital infrastructure where the grievances of information seekers are registered and
publicized. This publicity would pressure the government to take action on grievances and raise
awareness among those facing challenges in seeking information.

30

KI-M-Her-1, KI-M-Her-2, KI-M-Her-3, KI-M-Her-6

KI-M-Her-3, KI-M-Her-4, KI-M-Her-5
32
KI-M-Nan-4, KI-M-Nan-8
33
KI-M-Tak-1, KI-M-Tak-6
31

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Government Authorities
There are significant shortcomings within the government with respect to its responsibilities on access
to information by the public. Information seekers are required to take multiple bureaucratic steps that
consume much time and resources. Citizens right to information is generally treated as a privilege and
an extra, unfunded, burden on government. Existing procedures are ad hoc and vary across provinces
and locations. Civil servants in charge of information supply and dissemination have, at best, a poor
understanding of their duties and responsibilities as outlined in the Law.

Training and workshops provided to government organizations should include content about the Law
and the steps needed to institutionalize information handling and dissemination processes within
government units. The general narrative needs to be shifted toward acknowledging governments
responsibilities and citizens rights and not the other way around.

Additional Ways to Enhance Implementation

The experiences of other countries show that incorporating laws within the education system and
exposing young citizens to their rights and obligations contributes significantly to the institutionalization
and implementation of laws. Indias experience holds an number of useful lessons for Afghanistan. The
constraints identified by India in implementing its Access to Information Law are similar to those
identified in this study of the Law in Afghanistan. For example, in response to the lack of public
awareness about rights to information some Indian states began mass awareness raising programs and
changed education curricula in order to familiarize students with legal provisions about rights to
information. In addition, some Indian states introduced dedicated infrastructure, such as a toll free
phone line, to handle requests for information. Others introduced texting follow-ups about requests for
information submitted via mobile phone, a practice of particular benefit to remote communities.

The case of India illustrates that two key elements in successfully institutionalizing access to information
legislation are political stability (and political will) and availability of resources to provide adequate and
reliable services. In Afghanistan, the typical response from government authorities is that the
government lacks resources to implement the Law. However, this research finds that political will for
adherence to the law is also largely missing. With political will, it is likely that resources to make serious
efforts to implement the Law will be identified.

Conclusion
Government units in the education sector typically receive requests for information pertaining to
schools, teachers and the quality of services. CSOs also regularly request demographic data on students
and teachers as well as information about the status of educational projects, types of government
contracts, and the implementation of education policies. The type of information requested from
government units in the agriculture sector is less diverse and tends to pertain to enhancing the skills and
knowledge of those seeking information, mostly farmers.

The main impediments to implementing the Access to Information Law in Afghanistan are insufficient
awareness, lack of political will, institutional inertia on the relations between state and civil society, and
a deficit of systems for handling information requests and grievances. The Law is very seldom used to

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monitor government activities and is instead used by members of the public and CSOs to fulfill practical
needs for information.

Across the three provinces, there is a widely shared perception among government authorities that they
lack resources for providing information to the public. From the point of view of government units, the
Law appears to be an unfunded mandate something purportedly requiring new systems and human
resource requirements and without additional, dedicated, budget to support the new functions.
Secondly, government units tend to view access to information in terms of time and cost effectiveness
rather than in terms of citizens rights to information. Thirdly, awareness about the Law, both among
government officials and citizens, is very limited. The combined effect of these factors lead to a more
general conclusion from this study in that the right to information by the public is undermined by a lack
of awareness about this right and a related tendency by government officials to act in a hostile manner
toward those seeking to exercise that right. Hostility and indifference toward individuals seeking
information was more pronounced in Takhar province than elsewhere.

Afghanistans Access to Information Law came into effect in late 2014, affording only a short
implementation period from which to assess its effectiveness and implications. As with most laws
adopted in Afghanistan since 2001, the content of the Law is in keeping with international models, such
as Switzerland.34 A major obstacle, however, which undermines much of the legislation in Afghanistan is
that the Law is of unclear value to the citizens practical needs. Another major obstacle is that
government resources and internal guidance has been insufficiently directed to support the mandates
required under the Law. Enacting such measures as setting up the Monitoring Committee as part of
implementing the Law, enhancing public awareness, and articulating the Law with additional
information and specifically assigned duties already underway in government units, there is grounds for
some optimism that the Law has the potential to meet its objectives.

Concerted efforts by the government in providing guidance on the uses (and misuses) of the Law is
necessary, either centrally or at the ministry level, about the boundaries of the Access to Information
Law. Specifically, for each sector and/or Ministry there needs to be a more precise definition about what
constitutes national interest and personal freedom in the context of access to information. In other
words, more specificity is needed about what information that is within the scope of a particular
Ministry is appropriate to share and what is sensitive, in terms of privacy and security concerns, for
example. Unfortunately, as is the case with much legislation in Afghanistan, the Access to Information
Law currently represents an unfunded mandate it requires additional actions and systems by
government units without corresponding increases in budgets to execute these requirements.

Each government unit needs budgetary support to implement the Law, making maximum use of current
systems to minimize costs. Central guidance is also needed about the institutional form, such as a
dedicated office or sub-unit, in which access to information is handled by each government unit.
Whatever form this takes, the informational entity must have authority within the wider unit to request
and obtain information internally from others for wider dissemination and the capacity to store and
manage information as necessary. These steps would create a functional bureaucracy, thereby
contributing to the formalization of information availability and access to it, and reducing the likelihood
of corruption and nepotism within government units.

34

Global Right to Information Rating (2015), available from: http://www.rti-rating.org/country-data

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Recommendations
Government
1. All governmental organizations need to have specific, clearly identifiable and accessible
information points or sections within their facilities to address requests for information citizens.
2. Governmental organizations need to have information desks and an information telephone
number for general enquiries and requests for information by the citizens.
3. Efforts should be made to create online databanks, which would allow the public to access
information without personal contact with government entities. These provisions would
minimize the need the endless chain of letter writing to which the public is currently subjected.
4. Attempts should be made to define, through awareness raising and public information
campaigns, the boundaries of the Access to Information Law more precisely on what constitutes
national interests and citizens rights.
5. All governmental organizations need to allocate specific budget lines for information
dissemination and the implementation of the Law.
6. Awareness of the right / access to information legislation should be incorporated in education
curricula from primary to post-secondary education and in literacy programs.
7. Every governmental institution needs to have a separate unit or sub-unit solely in charge of
compiling and disseminating information to those requesting it.
8. Governmental institutions need to have a centralized online databank through which the
information on organizational structures and procedures and updates on policy changes and
budgeting are made available to general public.
9. All governmental organizations need to have a separate budget for information dissemination
and implementation of Access to Information law.

Donors and I/NGOs

1. An awareness raising campaign needs to be initiated by national and international nongovernment organizations on the Access to Information Law and its benefits for the public and
state authorities.
2. Particular attention needs to be paid to awareness raising among the illiterate and particularly in
rural / remote areas.
3. Work closely with government authorities in raising the awareness among government
employees on citizens rights to information and government responsibilities in providing
information, in accordance to the provisions made in the Access to information Law.
4. Traditional community elders, religious leaders, and media should become actively engaged by
CSOs on the Access to Information Law and its benefits for increased efficiency of the
government and increased trust between government authorities and the public.

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Appendix 1: Key Informant Interviewee Coding

Description of codes
Each code consists of four units of information. The table below shows the types of the interview and
interviewee as well as the province in which the interview has taken place.

Unit within the code
Description of the abbreviation
KI
F/M
Her/Kab/Nan/Tak/
Number (see below)

Key Informant Interviewee

Female or Male interviewee
The first three letters of the name of the visited province
The fourth unit indicates the affiliation of the interviewee

Herat
Affiliation

Code

No

Government Employee

KI-M-Her-1

Government Employee

KI-M-Her-2

Civil Society

KI-F-Her-1

Civil Society

KI-M-Her-2

Government Employee

KI-M-Her-3

Civil Society

KI-M-Her-3

Civil Society

KI-M-Her-4

Civil Society

KI-M-Her-5

Government Employee

KI-M-Her-4

Civil Society

KI-M-Her-6

10

Government Employee

KI-M-Her-5

11

Government Employee

KI-M-Her-6

12

Civil Society

KI-M-Her-7

13

Government Employee

KI-M-Her-7

14

Civil Society

KI-M-Her-8

15

Code

No

Government Employee

KI-M-Kab-1

Government Employee

KI-M-Kab-2

Civil Society

KI-M-Kab-1

Civil Society

KI-M-Kab-2

Civil Society

KI-M-Kab-3

Civil Society

KI-M-Kab-4

Kabul
Affiliation

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Nangarhar
Affiliation

Code

No

Government Employee

KI-M-Nan-1

Government Employee

KI-M-Nan-2

Government Employee

KI-M-Nan-3

Civil Society

KI-M-Nan-1

Civil Society

KI-M-Nan-3

Civil Society

KI-M-Nan-2

Civil Society

KI-M-Nan-4

Civil Society

KI-M-Nan-5

Government Employee

KI-M-Nan-4

Civil Society

KI-M-Nan-6

10

Government Employee

KI-M-Nan-5

11

Government Employee

KI-M-Nan-6

12

Civil Society

KI-M-Nan-7

13

Government Employee

KI-M-Nan-7

14

Civil Society

KI-M-Nan-8

15

Code

No

Civil Society

KI-M-Tak-1

Government Employee

KI-M-Tak-1

Civil Society

KI-M-Tak-2

Government Employee

KI-M-Tak-2

Government Employee

KI-M-Tak-3

Civil Society

KI-M-Tak-3

Civil Society

KI-M-Tak-4

Government Employee

KI-M-Tak-4

Civil Society

KI-M-Tak-5

Government Employee

KI-M-Tak-5

10

Civil Society

KI-M-Tak-6

11

Government Employee

KI-M-Tak-7

12

Government Employee

KI-M-Tak-6

13

Civil Society

KI-M-Tak-8

14

Civil Society

KI-M-Tak-7

15

Takhar
Affiliation

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Appendix 2: Guiding Questions

Questions to CSOs and other stakeholders

1. How important is your interaction with the government? And why? Give examples.
2. In what ways do you interact with the government? Name methods and techniques and give
examples.
3. Is there a standard way through which you obtain information?
4. If not, give some examples of ad hoc solutions and interactions.
5. How are your complaints treated? Is there a method of grievance handling?
6. What other barriers do you face when interacting with government and seeking information?
7. What needs to be done to obligate the government to respond to citizens needs?
8. What do you need to increase your access to government services?

Questions to Government Representatives

1. How important is your interaction with CSOs? And why? Give examples.
2. What if any methods and techniques are used in your interaction with citizens?
3. Do citizens hold you accountable for your decisions?
4. Do citizens ever object to your decisions?
5. How can citizens improve their interactions with you?
6. How do citizens get information from your department?
7. How does government respond to citizens demands?
8. Is there a standard way through which citizens obtain information?
a. If not, give some examples of ad hoc solutions and interactions.
9. How do you deal with citizens grievances?
10. How is the current formal bureaucracy enhancing/impeding your interaction with citizens?
11. How is the current informal bureaucracy enhancing/impeding your interaction with citizens?
12. What other barriers are there when civil society interacts with government and seeks
information?
13. What needs to change to improve governments responsiveness?
14. What does the government do to increase the level of peoples awareness about the services
that the government it provides?
15. How does your supply of information take illiteracy into account?

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